Absolute People Search will post a notice on its homepage that these Terms have changed. Use of the Site after such changes constitutes acceptance of such changes. 1) License Grants for Use of Site & Restrictions. Subject to your continued strict compliance with the terms and conditions of this document, the Limited License, and the limitations below, Absolute People Search provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Absolute People Search in its sole and absolute discretion; (ii) Absolute People Search has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Absolute People Search may, from time to time, engage independent contractors, consultants, or subcontractors to aid Absolute People Search in providing the Site or use thereof; and (iv) Absolute People Search has the right to provide the Site to others. In addition, you hereby acknowledge and agree that these Terms provide you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Absolute People Search transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under these Terms. Absolute People Search hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.
Notwithstanding the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Absolute People Search server, or (d) any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Absolute People Search’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Absolute People Search on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information in a manner inconsistent with these Terms; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Absolute People Search. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROVIDED IN THESE TERMS, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY Absolute People Search TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 2) Billing and Services a) Standard Membership Plans Reverse Phone by Absolute People Search offers one standard Membership Plans. All Membership Plans are billed up front for the entire term selected. Standard Membership Plan with a 1-Month Term: For a standard 1-month Membership Plan, the debit or credit card or other payment account you provide will be billed $2.98 immediately upon purchase and $2.98 every month thereafter, unless and until you cancel. If your payment for a full term is declined due to insufficient funds, Absolute People Search reserves the right to bill in monthly installments based on the monthly rates associated with the Membership Plan you selected. b) $1.00 Trial Membership If you select a trial Membership Plan (“Trial Membership Plan”), you will be able to try a Membership Plan and its accompanying services for five (5) days from the date of purchase for only $1.00. If you select a Trial Membership Plan, the debit or credit card or other payment account you provide will be billed $1.00 immediately upon enrollment, and you will have five (5) days from the time of enrollment to try out Absolute People Search’s Services under the Membership Plan. If you do not cancel your Trial Membership Plan before the expiration of the 5-day trial period, on the 6th day after you enroll, you will automatically be enrolled in a monthly Membership Plan and the card you provided at the time of enrollment in the Trial Membership Plan will be charged $19.99 immediately and $19.99 approximately every thirty (30) days thereafter, unless and until you cancel. c) Nonstandard Membership Plans Absolute People Search sometimes offers promotional membership offers or the opportunity to purchase a single report or several reports for an identified price with no further obligation. If you enroll in a nonstandard Membership Plan, Absolute People Search expressly reserves the right to bill you at the identified price and based on the terms disclosed at the time of you enroll. d) Negative Option BY SIGNING UP FOR A MEMBERSHIP PLAN,
YOU AUTHORIZE Absolute People Search (AND ITS PARTNERS, AFFILIATES AND/OR AGENTS) TO CHARGE YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT THE FEES ASSOCIATED WITH THE MEMBERSHIP PLAN’S TERM, AND YOU ACKNOWLEDGE AND AGREE THAT Absolute People Search WILL NOT OBTAIN ADDITIONAL AUTHORIZATION FROM YOU FOR EACH RECURRING FEE CHARGED TO YOUR DEBIT OR CREDIT CARD OR OTHER PAYMENT ACCOUNT. IN ADDITION, YOU AGREE THAT Absolute People Search SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY OVERDRAFT CHARGES OR FEES WHICH YOU MIGHT INCUR AS A RESULT OF YOUR MEMBERSHIP PLAN. YOU UNDERSTAND AND AGREE THAT IF YOU PURCHASE A MEMBERSHIP PLAN, THIS CONSUMER TRANSACTION INVOLVES A NEGATIVE OPTION, AND YOU MAY BE LIABLE FOR PAYMENT OF FUTURE GOODS AND SERVICES UNDER THESE TERMS IF YOU FAIL TO NOTIFY Absolute People Search NOT TO SUPPLY THE GOODS OR SERVICES DESCRIBED e) Current Pricing and Price Modification For the most up-to-date pricing and Membership Plan descriptions, please go to https://www.phone.AbsolutePeopleSearch.com/register. We reserve the right to modify the prices charged for the Membership Plans, or to add or remove any Membership Plans, from the Site at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored. f) Cancellation Policy You may cancel any Membership Plan at any time by going to http://www.AbsolutePeopleSearch.com/contact or by calling our customer support line at (720) 310-0741 to speak with one of our Customer Service Representatives. ).
Any cancellation request will ensure you are not billed further. g) Refund Policy Our number one goal at Absolute People Search is customer satisfaction. If you are ever not satisfied with our Membership Plan and/or Services, feel free to call one of our customer support staff at (720) 310-0741, and we will work to resolve your issue. We're open 24 hours a day, seven days a week (Holiday hours may vary).
Refunds are handled on a case-by-case basis with the ultimate goal of complete customer satisfaction. h) Taxes All orders are subject to applicable taxes in the states where the member resides. i) Discounts and Promotions Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order. j) Billing Errors If you believe that you have been erroneously billed, please notify our Customer Service Department toll-free at (720) 310-0741 immediately to notify us of such error. k) Reversals and Chargebacks Absolute People Search considers charge backs and reversals as potential cases of fraudulent use of our Membership Plans and/or theft of Membership Plans and will be treated as such. Absolute People Search reserves the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of Membership Plans. 3) Orders Placed Through the Site & General Payment Information.
All orders placed through the Site are subject to Absolute People Search’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order and, if your order is accepted, confirming our acceptance of your order. Absolute People Search may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Absolute People Search, Absolute People Search will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at (720) 310-0741 While we want everyone to be able to enjoy our Membership Plans, we may, in our sole discretion, not accept an order or limit or cancel quantities purchased per person, per household or per order. Some reasons we may do so include, but are not limited to, the following: Orders that cannot be processed as a result of incorrect or invalid billing or payment information. Be sure to double-check your information when placing an order. We cannot process orders for several reasons including, but not limited to: Incorrect credit or debit card or other payment account information such as card number, expiration date and card security value; Incorrect payment method billing information (billing information provided must be the same as what your financial institution has on record); Orders, in our sole discretion,
that we suspect to be fraudulent. We reserve the right to cancel or not accept any order that we suspect to have been placed as a result of fraudulent activity. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and Orders connected to previous credit card disputes. If your order has been processed, you may obtain a refund on the Membership Plan you ordered pursuant to the terms of our Refund Policy, which is summarized above. All fees are payable in United States currency. Absolute People Search offers several methods of payment for you to purchase Membership Plans, including debit cards and credit cards. If you use Paypal, your payment is subject to Paypal’s terms and conditions which can be found at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full. Absolute People Search reserves the right to request additional evidence or proof of billing information or other information associated with the credit or debit card or any other account used to purchase Membership Plans from the Site. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to accept the order. If you believe your credit or debit card or other payment account might have been used in a fraudulent manner to purchase a Membership Plan, please contact our Customer Service Department at (720) 310-0741 By ordering a Membership Plan through the Site, you authorize Absolute People Search to charge your debit or credit card or payment account accordingly. Please be aware that the descriptor (or subject line) that appears on your billing statement will refer to CHKMATE*INSTANTCHECKMA. If you have any questions about the descriptor on your billing statement, you should call our Customer Service Department toll-free at (720) 310-0741. Upon prior email notice to you, Absolute People Search may change its pricing and/or billing practices. If you do not agree with these changes, you may cancel your Membership Plan, but you will remain responsible for payment of any and all fees that you have already incurred. Continued enrollment in a Membership Plan after receipt of such email notice constitutes consent to any and all such changes. If you fail to make any scheduled payment for a Membership Plan, Absolute People Search may, in its sole discretion, terminate your membership in the Membership Plan. 4) User Obligations By installing, accessing, or using this Site you hereby represent that you will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Absolute People Search via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Absolute People Search reserves the right, in its sole discretion, to immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending purchases or registrations with Absolute People Search. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk.
While Absolute People Search has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Absolute People Search is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues. 5) Removing Your Information Due to the nature of public record information, the public records and commercially available data sources used in connection with the Services may contain errors. Source data is sometimes reported or entered inaccurately, processed poorly or incorrectly, and is generally not free from defect. The Services are not the source of data, nor are they a comprehensive compilation of the data. If you would like to remove your information from our Site, please visit our Remove My Info page or contact our Customer Service Department toll free at (720) 310-0741 6) Fair Credit Reporting Act (FCRA) Notice Absolute People Search IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS. You may not use any information obtained from Absolute People Search in connection with its Services to determine a prospective candidate's suitability for: Health insurance or any other insurance, Credit and/or loans, Employment, Education, scholarships or fellowships, Housing or other accommodations, or Benefits, privileges or services provided by any business establishment. The information provided by Absolute People Search in connection with its Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual’s eligibility for a license or other benefit granted by a government agency or (e) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including, without limitation, apartment rental, check-cashing, or the opening of a deposit or transaction account. You also agree that you shall not use any of the information you receive in connection with Absolute People Search’s Services to take any "adverse action," as that term is defined in the FCRA; you have appropriate knowledge of the FCRA; and, if necessary, you will consult with an attorney to ensure compliance with these Terms. 7) Postings and Permission to Use Postings.
The Site, and/or any social media page controlled by Absolute People Search that is accessible directly through the Site (each, an “Absolute People Search Social Media Page”), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, “Forum”). To the extent the Site and/or any Absolute People Search Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Absolute People Search Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum: anything that interferes with or disrupts the operation of the Site and/or Absolute People Search Social Media Page, statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others, unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others, statements or material that
encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction, statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person, statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Absolute People Search, statements or material that misrepresents your affiliation with any entity and/or Absolute People Search, statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, or statements or material that are “off-topic” for a designated Forum. You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or by otherwise using the Site and/or an Absolute People Search Social Media Page to transmit or display a Posting, you automatically grant Absolute People Search, its affiliates, officers, directors, employees, consultants, agents, and representatives, for a period of ten (10) years, renewable at Absolute People Search’s option, a royalty-free, irrevocable, non-exclusive, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Absolute People Search and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Absolute People Search has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or an Absolute People Search Social Media Page. You will not be compensated for any Postings used by Absolute People Search. You agree that Absolute People Search may publish or otherwise disclose your name in connection with your Posting. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or an Absolute People Search Social Media Page, Absolute People Search has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Absolute People Search assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings. 8) Absolute People Search Intellectual Property. a) All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and
documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, “Intellectual Property”), unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Absolute People Search and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Absolute People Search (and/or its third-party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the Services and the data and information that provided in connection with the Services. Except as expressly provided in these Terms, Absolute People Search does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The Site is Copyright © 2015 Absolute People Search and/or its licensors. All rights reserved. Absolute People Search also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Absolute People Search and/or its suppliers. Absolute People Search® and all other names, logos, and icons of Absolute People Search, its affiliates and/or
Statements made on third-party websites linked to or from this Site reflect only the views of their authors and not of Absolute People Search. Absolute People Search's inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Absolute People Search expressly disclaims responsibility and liability for all third-party sites and all third-party provided materials, programs, events, products, and services contained on or accessed through the Site or on third-party websites, and you agree that Absolute People Search shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third-parties’ materials, products, and/or services on this Site. 10) Submissions. Absolute People Search welcomes your feedback and suggestions about how to improve the Site and/or the events, programs, Information and Materials, Services, and/or Membership Plans of Absolute People Search. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to Absolute People Search, you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Absolute People Search. In addition, any feedback received through this Site will be deemed to include a royalty-free, irrevocable, transferable, sublicensable, non-exclusive right and license, for a period of ten (10) years, renewable at Absolute People Search’s option, for Absolute People Search to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any
claim to the contrary. 11) Site Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Absolute People Search reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion of Absolute People Search. Absolute People Search will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Absolute People Search reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof. 12) Disclaimer of Warranties. a) Absolute People Search DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES AND ALL CONTENTS OF EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. b) Absolute People Search DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. Absolute People Search IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES. c) Absolute People Search DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE Absolute People Search MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. Absolute People Search UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. d) Absolute People Search DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. e) YOU ACKNOWLEDGE AND AGREE THAT Absolute People Search OBTAINS ITS DATA PROVIDED IN CONNECTION WITH ITS SERVICES FROM THIRD-PARTY SOURCES, WHICH MAY OR MAY NOT BE COMPLETELY THOROUGH AND ACCURATE, AND THAT YOU SHALL NOT RELY ON Absolute People Search FOR THE ACCURACY OR COMPLETENESS OF INFORMATION SUPPLIED IN CONNECTION WITH ITS SERVICES. WITHOUT LIMITING THE FOREGOING, THE CRIMINAL RECORD DATA THAT MAY BE PROVIDED BY Absolute People Search IN CONNECTION WITH ITS SERVICES MAY INCLUDE RECORDS THAT HAVE BEEN EXPUNGED, SEALED, OR OTHERWISE HAVE BECOME INACCESSIBLE TO THE PUBLIC SINCE THE DATE ON WHICH THE DATA WAS LAST UPDATED OR COLLECTED. YOU UNDERSTAND THAT YOU MAY BE RESTRICTED FROM ACCESSING CERTAIN INFORMATION AND MATERIALS WHICH MAY BE OTHERWISE AVAILABLE. Absolute People Search RESERVES THE RIGHT TO ADD MATERIALS AND FEATURES TO, AND TO DISCONTINUE OFFERING ANY OF THE MATERIALS AND FEATURES THAT ARE CURRENTLY A PART OF ITS SERVICES PROVIDED IN CONNECTION WITH A MEMBERSHIP PLAN. f) Absolute People Search EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE
SERVICES AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 13) Limitation of Liability. a) Absolute People Search IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED Absolute People Search IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. b) IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Absolute People Search IS FOUND LIABLE UNDER ANY THEORY, Absolute People Search'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100. c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 12 AND 13. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS OF SECTION 17(E) (SEVERABILITY) BELOW WILL APPLY. 14) Indemnification. You will defend, indemnify and hold Absolute People Search and its affiliates, their employees, contractors, agents, representatives, shareholders, officers, directors, co-branders, content licensors, and/or other partners harmless from any liability, claim, expense, or demand, including attorneys' fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of these Terms, your violation of applicable laws, or your violation of any rights of another person or entity. Absolute People Search reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Absolute People Search in asserting any available
the arbitration provision required above is deemed inapplicable or unenforceable, exclusive jurisdiction must lie with the courts of Nevada in the county of Clark for all disputes, actions or proceedings arising out of or relating to your use of the Site. In any dispute that arises out of the relationship of Absolute People Search and you, including tort claims, the prevailing party will be entitled to attorneys' fees and costs. c) English Language Controls. These English-language Terms are Absolute People Search's official agreement with users of this Site. In case of any inconsistency between these English-language Terms and its translation into another language, this English-language document controls. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms, or Absolute People Search’s information and materials, events, Membership Plans and/or Services accessed or purchased through this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. d) Severability. If a provision of these Terms is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms must not be affected or impaired. e) Waiver. No failure or delay on the part of Absolute People Search in exercising any right, power or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power or remedy under these Terms. f) Term and Termination. These Terms will take effect (or shall re-take effect) at the time you click “I ACCEPT”, submit information through this Site, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Site, whichever is earliest. Absolute People Search reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under these Terms, in its sole and absolute discretion. Your rights under these Terms will terminate
automatically if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Site in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason. 18) ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. 19) Contact Information. If you have questions about these Terms or want to contact us, please send an email to admin@AbsolutePeopleSearch.com or write to us at: