Terms Of Use

Last Updated: September 2, 2009

Welcome to PrivateEye.com ("Private Eye" or "Company"). Private Eye provides the PrivateEye.com website ("Site") to you subject to the following Terms of Use ("Terms") which govern your use of the Site and which may be updated by us from time to time without notice to you. By using or visiting the Site, you accept these Terms. Please read them carefully.

  1. Using Our Site

    1. Registering with the Company

      In order to take advantage of certain features on the Site, you may be required to register with the Company. For example, you may be required to register if you want to set up a Site account, where you can save your preferences, receive e-mail alerts, discount offerings, or other information from the Site. You may also be required to register to receive e-mail updates with updated information from the Company. The Site's use of any personal information that you provide to the Company during any registration process is governed by the Site's Privacy Policy. Users may receive e-mail confirming their registration with the Company, as well as promotional marketing of commercial products and services. By having a Site account with the Company, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name.

    2. Your Registration Obligations

      In consideration of your use of the Site's services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Site, and (ii) maintain and promptly update your Site information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.

    3. Site Results

      Most of the products on the Site come with a limited guarantee; this means that if your search does not return any results, we may provide you with another search, at no additional cost to you, but will not refund your purchase (please see below section "Refunds"). You acknowledge that the service is provided "as is." You are paying for us to conduct a search on your behalf, not to return any particular result. Information is often obtained by third parties and the accuracy of the information cannot be guaranteed.

    4. Fees, Payment, Fraud

      Fees for our services are listed on the Site. Any such fees are non-refundable. By purchasing our services, you agree to pay with a valid credit card and certify that you are an authorized user of the credit card. To protect our customers from credit card fraud, we may work with law enforcement agencies to address issues by sharing information such as credit card numbers, email addresses, IP addresses, etc. We reserve the right to suspend services for individuals suspected of fraudulent credit card activity. You are responsible, and must pay for, all purchases of the services made by individuals using your account. If you suspect that unauthorized use of your account is occurring, you must notify us immediately.

      You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all attorneys' and collection agency fees.

    5. Refunds

      Unless we indicate otherwise, all fees and charges are final, with no refunds. Any issues or concerns about a particular purchase must be brought to our attention within 15 days of purchase, and you agree to waive all issues and concerns after such time. If you do not notify us that you want to cancel our services, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (see "Termination", below).

    6. Subscription Services, Automatic Renewal, Free Trial

      1. Payment

        In the event you choose to subscribe to the services offered on the Site, your subscription will continue for the monthly or annual period you select during registration (the "Term"), and renew automatically at the end of the Term, unless you notify us of your decision not to renew your subscription by contacting our Customer Service Department.

      2. Termination, Free Trial

        If you do not notify us that you want to cancel your subscription as described above, the then-applicable monthly or annual fee for your subscription will be billed automatically to the credit card you designated during the registration process (or subsequently changed).

        During the free-trial portion of your subscription (if any), you may cancel your subscription at any time and not be billed by contacting our Customer Service Department. When you cancel automatic renewal on your subscription, your subscription will continue through the rest of the current period. At the end of that period, your subscription will not renew automatically, and you will lose the benefits of the subscription. You are not entitled to refunds for previous months that have already been charged as services have been rendered and costs have been incurred by us.

        Please note:

        • Upon the expiration of your free trial, your credit card will be billed the applicable subscription fee and your paid subscription will commence. If you are a monthly subscriber, you will not receive a refund or reimbursement of your subscription fee after your free trial period has ended.
        • If you are an annual subscriber, you may receive a refund of your annual subscription fee only if you cancel within 10 days of the end of your free trial period. After that, although your subscription may be terminated, you will not be entitled to any refund, reimbursement, or other credit.
    7. Third Party Offers, Links and Search Results

      The Site may automatically produce search results that reference or link to third-party sites throughout the World Wide Web; third-party sites may also automatically produce search results that reference or link to this Site or offers to subscribe to that third-party's services. The Company has no control over these sites or the content within them. The Company cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. You should carefully review their privacy statements and other conditions of use. The Company does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Company for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. You consent to receive communications from such third-party sites be in writing.

      If you have a problem with a link from the Site, please notify our Customer Service Department, and the Company will investigate your claim and take any actions the Company deems appropriate at our sole discretion.

    8. Unauthorized Use of the Site

      You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use; except with the Company's written permission, you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any commercial use, or for any purpose other than as described in these Terms. You cannot automate, script, scrape, or otherwise take data from the Site in an automated fashion to re-use or display in any way. You acknowledge that we are not providing you with a consumer report, and you are certifying that you will not use information obtained from us for any purpose covered under the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.). You acknowledge that the Company owns and retains all proprietary materials contained on the Site, including trademarks, content, and other proprietary content.

      Illegal and/or unauthorized uses of the Site, including, but not limited to,

      • unauthorized framing of or linking to the Site,
      • unauthorized use of any robot, spider, or other automated device on the Site,
      • automating, scripting, scraping or otherwise taking data from the Site in an automated fashion to re-use or display in any way,
      • using information obtained from the Site, including e-mail search results, to transmit any commercial, advertising or promotional materials, including without limitation, "spam",
      • using information obtained from the Site to harass, offend, threaten, embarrass, or invade the privacy of any individual or entity,
      • violating any applicable law, regulation or rule,
      • providing false information on your registration form or impersonating another person at any point (i.e., unauthorized/fraudulent credit card information, false names, etc.), or
      • using information obtained from the Site for any purpose covered under the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.),will be investigated and subject to appropriate action, including, without limitation, termination of your account and formal civil, criminal, and injunctive redress.
      1. Violation of the Terms

        You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.

      2. Proprietary Rights

        You acknowledge and agree that the Company owns all legal right, title, and interest in and to the Site, including any intellectual property rights which subsist in the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives you a right to use any of the Company trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

  2. Disclaimers

    WE DO NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SITE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SITE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.

    The Company disclaims any and all liability for the acts, omissions, and conduct of any third-party users, the Site users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.

    The Company disclaims any and all liability for the acts, omissions, and conduct of any third-party users, the Site users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. The Company has not considered or assessed the specific risk that any convicted sex offender displayed on the Site will commit another offense or the nature of any future crimes that may be committed. Only information on registered sex offenders allowed to be legally disclosed appears on the Site. Some registered sex offenders are not subject to public disclosure, so that they are not included on the Site. State law does not allow offenses other than the crimes for which the convicted sex offender is required to register to be disclosed on the Site. Extreme care must be taken in the use of information on the Site because mistaken identity may occur when relying solely upon name, age, and address to identify individuals. If you believe that any information on the Site is in error, please contact a police of sheriff's department, or contact the Department of Justice by e-mail at MegansLaw@doj.ca.gov.

    In some states, like California, it is illegal to use information obtained through the Site to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to California Penal Code Section 290.4 (e) (3) (A).

    A person is authorized to use information disclosed on this Site only to protect a person at risk. Except to protect a person at risk or as authorized under any other law, use of any information disclosed on this web site for purposes relating to any of the following is prohibited:

    • Health insurance
    • Insurance
    • Loans
    • Credit
    • Employment
    • Education, scholarships, or fellowships
    • Housing or accommodations
    • Benefits, privileges, or services provided by any business establishment

    Source: California Penal Code Section 290.46 (j) (1), (2); California Penal Code Section 290.46 (k) (2)

    Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to the Company at Advance-People-Search.com. The Company may investigate the claim and take appropriate action, at its sole discretion.

  3. Communications

    When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  4. Limitation on Liability

    EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    1. Disputes

      If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by, and venue in the state and federal courts of the State of California, City of Los Angeles.

    2. Indemnity

      You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of the use of the Site by user or user's account.

©2004-2014 - Advance-People-Search.com