|
Terms & Conditions of Use - Investigatem.com
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BACKGROUND SCREENING SERVICES THROUGH THIS SITE. We offer access to and use of our site to you subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through our sites, you agree to observe these Terms. If you do not accept all of these Terms, then please leave our site now.
ACCEPTANCE OF TERM
The materials on this Web site (the “Site”) are provided by www.investigatem.com ("Site") a website owned and operated by SAFER DATES, LLC (“SAFER DATES”) as a service to its users and may be used for informational purposes only subject to the provisions below. By using any and all services offered by this Site, you as a user (“you” or “your” or “User(s)”) agree to these terms and conditions (“Terms”). If you do not agree to the Terms, then do not use any services offered on this Site. You agree that these Terms (and, if you are a user who has paid to receive the service provided by this Site (“Customers”), any provisions included in the registration process) is the complete and exclusive statement of the agreement between SAFER DATES and you, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and SAFER DATES relating to the subject matter of this Agreement. SAFER DATES may revise this agreement at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding upon you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this Site.
USE OF SITE
You may only use our Site if you are at least 18 years of age and can enter into binding contracts (our Site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of our Site by you and anyone using your password and login information. You may only use our Site only for legitimate background screening purposes. You may not use our Site for any criminal or tortious purposes under the laws of any and all States within the United States of America and any other Country where you may be located. Such conduct includes but is not limited to the following: post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms. We reserve the right to report any criminal activity to the appropriate law enforcement agency. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our sites. We will use our reasonable commercial efforts to keep our sites available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to our sites may not be uninterrupted or available at all times. We cannot promise that our sites will be error-free, that defects or errors will be corrected or that our sites or the servers that make them available are free from viruses or other harmful components. You will not use any device, software or routine that interferes or attempts to interfere with the normal operation of our sites or take any action that imposes an unreasonable load on our computer equipment.
SERVICE
SAFER DATES, LLC through Site is committed to providing a background screening service for it's Customers through the www.investigatem.com ("Site") known as INVESTIGATEM. INVESTIGATEM believes in proper education and honesty in providing this service through its Site. INVESTIGATEM provides a service for individuals and businesses that promotes safety awareness and safety education. INVESTIGATEM shall make a reasonable and diligent attempt to conduct accurate and complete background checks for its Customers requesting such verification. INVESTIGATEM may in its sole discretion deny providing its service to any person in order to maintain dignity and to provide for the safety of another. By providing the background screening service SAFER DATES or INVESTIGATEM makes no claim or warranty to its Users or Customers for their personal safety or well-being. INVESTGATEM encourages all Users and/or Customers to exercise caution while on world wide web and when using the results provided to the Customer.
INVESTIGATEM offers background screening services to its Customers. Background screening will be provided by Site for its Customers according to INVESTIGATEM'S capability in accordance with the information that is provided to INVESTIGATEM by the Customer relating to the person to be screened ("Subject"). It is the Customer's responsibility that INVESTIGATEM is provided with the Subject's most accurate name, address, date of birth, and social security number. Users must provide individual’s full name (first and last), birthday and current address. It is preferable that social security number be provided, however it is not mandatory. Background screening will relate to the following categories as requested by the Customer and will be conducted according to the most current information provided relating to the Subject by the Customer: (1) previous felonies; (2) previous misdemeanors; (3) whether the Subject is labeled as a Sex Offender; (4) federal level background screening of subject; (5) relating to any previous or current bankruptcy filings by the Subject; (6) relating to any previous or current liens appearing on Subject's record; (7) relating to any court judgments appearing on Subject's record; and (8) the validation of the Subject's social security number in conjunction with the name provided for the Subject. INVESTIGATEM may delegate any background screening services to a third party which will provide the results of the search from a pool of Federal, State and Local jurisdictions in which such information may be available in accordance with the respective applicable laws of that particular jurisdiction.
INVESTIGATEM makes no claim or warranty, whether expressed or implied that INVESTIGATEM offers the safest or most accurate methodologies for checking criminal records or other records. INVESTIGATEM makes no claim or warranty that the results of the screening are accurate or 100% correct. INVESTIGATEM shall not be responsible for any resulting harm or damages as a result of Customer’s misrepresentations, omissions and/or failure to disclose any information which may show a subject's record differently than otherwise proven.
Customer expressly acknowledges and understands that the Customer shall co-operate with SAFER DATES through its Site known as INVESTIGATEM by completing and submitting any and all documentation as required by INVESTIGATEM.
PAYMENT
A Customer will be charged a fee of $24.95 per screening per Subject. The fee of $24.95 will not vary according to the number of categories select by Customer. So in effect, a Customer will be charged the non-refundable fee of $24.95 whether the Customers selects only one category or all of the categories. If an additional category is to be searched after the initial screening Customer will be responsible to make another payment of $24.95 beforehand. Customer will be responsible for selecting the appropriate categories when placing the order online or by appropriately checking each desired category by pen if and when using the Fax Order Form.
You understand and agree that the service may include certain communications from the parent company SAFER DATES, such as service announcements, administrative messages and the SAFER DATES Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current services, shall be subject to the terms and conditions in this agreement. You understand and agree that the Service is provided “AS-IS” and that INVESTIGATEM assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
AFFILIATE PROGRAM
Users have an option to join the Site’s Affiliate program and help SAFER DATES OR INVESTIGATEM spread the word about the Site to individuals who are single, at least 18 years of age or older and live in the United States of America. You will have an opportunity to earn rewards outline by each affiliate program for the successful sign-up of each new Customer. Site’s Affiliate program offers live daily statistics. You are normally able to view your statistics, clicks, and commissions each day. INVESTIGATEM may provide you banners and text links for you to promote the Site. Affiliate shall be paid by INVESTIGATEM every calendar month on the 1st day. You must earn at least $100.00 per calendar month to redeem any portion of the rewards in any affiliate program. So, in effect, if you earn any amount less than $45.00 for each respective calendar month then you will not be paid any amount by INVESTIGATEM. INVESTIGATEM in its sole discretion, may cancel an account related to the affiliate rewards program of any individual who violates any terms or conditions of the affiliate program. These terms relating to any affiliate program run by INVESTIGATEM or by SAFER DATES are not exhaustive since each affiliate program will contains it's own specific terms and conditions specific to each affiliate program and will supersede. ANY INDIVIDUAL WHO CREATES MORE THAN ONE ACCOUNT SHALL NOT BE ELIGIBLE TO SIGN UP AGAIN UNDER THE SITE’S AFFILIATE PROGRAM AND INVESTIGATEM and/or SAFER DATES SHALL IMMEDIATELY TERMINATE ANY AND ALL ACCOUNTS OF SUCH INDIVIDUAL ON THE SITE AND NO COMMISSION SHALL BE PAID.
OWNERSHIP
We own and have copyrights on our Site, and all of its content. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without INVESTIGATEMS' or SAFER DATES’ prior written permission. Trademarks, logos and service marks displayed on our sites ("Marks") are our registered and common law Marks. Your use of and access to our Site does not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor services available through our Site.
SINGLE COPY LICENSE
You acknowledge and agree that the service and any necessary software used in connection with the service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as otherwise indicated on this Site, you may use one copy of the information or Software (“Materials”) found on this Site on a single computer for your personal, non-commercial, internal use only unless specifically licensed to do otherwise by INVESTIGATEM in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a personal, non-transferable, non-exclusive right and one copy license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media; (b) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Materials; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person; (e) modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part, except as expressly authorized by INVESTIGATEM or advertisers. You agree to prevent any unauthorized copying of the Materials. INVESTIGATEM reserves all rights not expressly granted in this Agreement. You agree not to modify the Software in any manner or form, or to use any modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by INVESTIGATEM for use in accessing the service. INVESTIGATEM does not make any endorsements of Materials found or posted on the site.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
TRADEMARK INFORMATION
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and SAFER DATES does not make any endorsements of such trademarks of their respective holders, that appear on this Site. SAFER DATES’s trademarks may be used publicly with written permission only from SAFER DATES. Fair use of SAFER DATES’ trademarks in advertising and promotions of SAFER DATES products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by SAFER DATES.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
YOUR OBLIGATIONS
In consideration of your use of the background screening services, you agree to: (a) provide true, accurate, current and complete information about the Subject and (b) maintain and promptly update the Subject's Profile Data to keep it true, accurate, current and complete. If applicable, any and all information provided to INVESTIGATEM by Customer shall be used for Subject's background investigation(s). If you provide any information that is untrue, inaccurate, not current or incomplete, or INVESTIGATEM has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, SAFER DATES shall reserve its right to suspend or terminate your order and refuse any and all current or future use of the Site (or any portion thereof). Customer is obligated to ensure that Customer is in compliance with all Federal, State, and their Local laws relating to use and access to the Subject's information before placing an order with INVESTIGATEM. Customer is obligated to ensure that any access or use to Subject's information is in compliance with Driver's Privacy Protection Act of 1994 (DPPA).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You may be required to enter your member name, email and password as part of completing INVESTIGATEM's order placement process. You are responsible for maintaining your member account details. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify INVESTIGATEM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you will properly log off from the Site and close the browser session from your account at the end of each session. INVESTIGATEM shall not be liable for any losses or damages arising from any and all activities that occur under your password or account due to your failure to comply with this provision.
CUSTOMER AND MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not INVESTIGATEM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the service. INVESTIGATEM does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Although INVESTIGATEM will take reasonable steps to pre-screen and approve content posted on the Site so that it meets the requirements of these Terms and is otherwise not objectionable, you understand that INVESTIGATEM is not obligated to do so. You understand that by using the service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will INVESTIGATEM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the service.
CUSTOMER SUBMISSIONS
Any material, information or other communication you transmit or provide on our Site will be considered non-confidential and non-proprietary (“Submissions”). You warrant that you have all rights necessary to submit data and information to the service, and INVESTIGATEM, and to authorize the distribution and re-distribution of any material you submit for inclusion or use in the service. You will provide information that we reasonably request related to any claim that material you submit infringes the rights of a third party. SAFER DATES will have no obligations with respect to the Submissions, provided that any personally identifiable information shall be handled in the manner set forth below. INVESTIGATEM and its designees, agents, officers, directors and employees will be free to have world-wide, royalty-free and fully sub-licensable usage to copy, reproduce, disclose, distribute, modify, adapt, translate, publish, publicly perform, publicly display, and to incorporate such Content into other works in any format or medium now known or later developed, and otherwise use the Submissions and all data, images, sounds, text, graphics, audio, video and other things embodied therein for any and all commercial or non-commercial purposes, provided that any personally identifiable information shall be handled in the manner set forth below. INVESTIGATEM does not make any endorsements of such Submissions and Communications on INVESTIGATEM, nor representations that such submissions and communications are true and accurate, although, INVESTIGATEM will make all reasonable attempts to ensure that user submissions are valid, accurate, and reliable and in a manner not prohibited by this agreement. As SAFER DATES is background screening service provider you should make all reasonable attempts to avoid promoting, marketing, selling in any manner-Products, services, solutions, company information, and any other information to other Customers of this site, on INVESTIGATEM, unless explicitly granted access to post advertisements on this site. INVESTIGATEM does not make any endorsements of such advertisements (if any) that are posted on this site. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any rights of a third party.
SAFER DATES PRIVACY STATEMENT AND USE OF PERSONALLY IDENTIFIABLE INFORMATION
All information submitted by you to INVESTIGATEM through forms on the Site is treated according to INVESTIGATEM's Privacy Statement located on this Site. You expressly agree and acknowledge that you have read and that you understand INVESTIGATEM's Privacy Statement.
LINKS TO OTHER SITES
Any links on this site including but not limited to Link Directories on INVESTIGATEM (“Links”), may let you leave the INVESTIGATEM site and go to other Web sites. The linked sites are not under the control of INVESTIGATEM, and INVESTIGATEM is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. INVESTIGATEM reserves the right to terminate any Links or linking program at any time. INVESTIGATEM does not endorse such Links, companies or products, or information to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that INVESTIGATEM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
GENERAL PRACTICE
You acknowledge that INVESTIGATEM may establish general practices and limits concerning use of the service, including but not limited to the maximum number of days that site email messages, online discussion forum, articles, links, news postings, member uploaded media, calendar appointments, user-defined queries & results on INVESTIGATEM, or other uploaded Content on INVESTIGATEM will be retained by the service, the maximum number of site email messages that may be sent from or received by an account on the service, the maximum size of any site email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on INVESTIGATEM's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that INVESTIGATEM has no responsibility or liability for the deletion or failure to store any message and other communications or other Content maintained or transmitted by the service. You acknowledge that INVESTIGATEM reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that INVESTIGATEM reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NOTICES AND SITE ADMINISTRATION UPDATES
Unless otherwise noted on the site, in the information provided by the service, subscription and signup details, or as stated in this Agreement, all Site Administration Updates to the service, will be completed within 24 to 72 hours of receiving the request, and all Notices and Communications from INVESTIGATEM will be sent within 24 to 72 hours of the respective event being triggered, for which this Notice or Communication is being sent.
INTERNATIONAL USE
SAFER DATES controls this Site from its offices within the United States of America. INVESTIGATEM operated by SAFER DATES makes no representation that services offered on this site are appropriate or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
CANCELLATION POLICY
You have the option to cancel your order but are not entitled to any refund if the cancellation is submitted or received after successful processing of your order by either successful submission by web or by fax and the resulting fee's charge being placed on the form of payment. You agree that INVESTIGATEM will not refund any fees upon such cancellation of order.
INDEMNIFICATION
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD SAFER DATES AND INVESTIGATEM (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST SAFER DATES OR INVESTIGATEM BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A CUSTOMER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
- WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR (III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR RELIABLE.
- WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT ANY SERVICES OBTAINED BY YOU THROUGH THE SITE OR SERVICE MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. SAFER DATES MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFER DATES DOING BUSINESS AS INVESTIGATEM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
- SAFER DATES DOING BUSINESS AS INVESTIGATEM NOR ITS AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REPUTATION, GOODWILL, USE, DATA, PROFITS OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF INVESTIGATEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL SAFER DATES DOING BUSINESS AS INVESTIGATEM NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
- SAFER DATES DOING BUSINESS AS INVESTIGATEM NOR ITS AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU MUST USE CAUTION WHEN CONTACTING THIRD PARTIES THROUGH OUR WEB SITE INCLUDING BUT NOT LIMITED TO REGISTERED MEMBERS. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
RELEASE
SAFER DATES DOING BUSINESS AS INVESTIGATEM IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN VENDORS, OTHER USERS (REGISTERED OR OTHERWISE) AND YOU. AS A RESULT, SAFER DATES DOING BUSINESS AS INVESTIGATEM HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF VENDORS OR THEIR PRODUCTS, OR OTHER USERS (REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE SITE. SAFER DATES DBA INVESTIGATEM CANNOT AND DOES NOT CONTROL WHETHER OR NOT VENDORS WILL DELIVER THEIR PRODUCTS, OR COMPLETE THEIR SERVICES OR OTHER OBLIGATIONS. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR SAFER DATES TO AUTHENTICATE THE VENDORS AND CUSTOMERS, AND SAFER DATES DBA INVESTIGATEM CANNOT AND DOES NOT CONFIRM THAT EACH VENDOR OR CUSTOMER IS WHO IT CLAIMS TO BE. SAFER DATES DBA INVESTIGATEM ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE INTERNET. SAFER DATES DBA INVESTIGATEM ALSO ENCOURAGES YOU TO COMMUNICATE DIRECTLY WITH VENDORS AND OTHER CUSTOMERS FROM THE WEB SITE TO HELP YOU EVALUATE WITH WHOM YOU ARE DEALING. YOUR RELEASE SAFER DATES DBA INVESTIGATEM (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE VENDORS OR USERS (REGISTERED OR OTHERWISE), OR THE PRODUCTS PROVIDED BY THE VENDORS, OR ANY ACTIONS OR OMISSIONS OF A VENDOR OR USER (REGISTERED OR OTHERWISE). IN NO WAY WILL SAFER DATES DBA INVESTIGATEM BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH VENDORS OR USERS (REGISTERED OR OTHERWISE).
GENERAL
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, U.S.A., WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN FLORIDA, U.S.A. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. Any disputes between the parties hereto whether arising under these Terms and Conditions or otherwise which the parties cannot resolve between themselves in good faith shall be referred to a mediator residing in Pinellas County, Florida, and any mediation shall be held in Pinellas County, Florida. You will bear the cost of said mediation. Mediation shall be in accordance with the procedures of the American Arbitration Association (hereinafter “AAA”). If for any reason said dispute is not resolved by mediation within thirty days, the parties shall submit the dispute to a neutral arbitrator residing in Pinellas County, Florida. Should the parties fail to agree on one arbitrator, they shall submit their dispute to a panel of three arbitrators. Each party shall choose one arbitrator and the chosen arbitrators shall mutually agree on a third arbitrator. Should the two chosen arbitrators fail to act or agree on such third arbitrator, or the arbitrator selected by You fails to cooperate with such arbitration of the dispute in good faith, then the third arbitrator shall be selected by the arbitrator initially chosen by SAFER DATES Doing Business As INVESTIGATEM. The arbitration shall be held in Pinellas County, Florida and You will bear the cost of said arbitration. Arbitration shall be in accordance with the procedures of the AAA, discovery shall be in accordance with the Rules of Civil Procedure of State of Florida, the arbitrator(s) shall resolve any discovery-related disputes, and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of a majority of the arbitrator(s) shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to the State of Florida. The prevailing party shall be awarded attorney’s fees and costs of arbitration. If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay all the court costs and reasonable attorney's fees (including trial and appellate attorneys’ fees) incurred in enforcing the ruling or decision of the arbitrator. Any rights of injunctive relief shall be in addition to and not in derogation or limitation of any other legal rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of SAFER DATES Doing Business As INVESTIGATEM to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of SAFER DATES Doing Business As INVESTIGATEM, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and SAFER DATES Doing Business As INVESTIGATEM is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms and Conditions Agreement to SAFER DATES Doing Business As INVESTIGATEM via an email to customerservice@investigatem.com with “Terms and Conditions” in the subject line of the email.
IN WITNESS WHEREOF, the User and/or you hereto has caused these Terms to be duly executed by clicking the “Accept” button below, or decline to reject these Terms and exit the Web site.
DISCLAIMER
I, the user of this website, (hereinafter the "I" or "Client") hereby authorize Safer Dates, LLC., a Florida limited liability company d/b/a InvestigatEM.com (hereinafter referred to as company") and/or their agents to conduct a complete background verification, which may include but not limited to a credit check and/or criminal background check in consideration of my application for their services. It is my understanding that an investigative consumer report as defined by the Consumers Protection Act, Public Law 91-508, Title 15, USC 1601, et, seq, may be requested.
I have been informed that it is my right under the Consumer Credit Protection Act to request a complete disclosure of the nature and scope of such investigation requested upon by written request to the agency for such disclosures.
I hereby release the company and all parties contacted from any claim for damages or from any liability which might arise from the disclosure of any information obtained in any manner as above contemplated. I shall indemnify and hold harmless the company, against all claims, obligations or liabilities including court costs and attorneys' fees, arising out of the disclosure of any information obtained. I will not hold the company or their agent responsible for information that is incorrect through no fault of their own.
|
|
|
