PrivateEye.com

TERMS OF USE

Last Updated: August 17, 2007

Welcome to PrivateEye.com. The following are the rules ("Terms") that govern use of the PrivateEye.com web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. PrivateEye.com ("Company") reserves the right to change these Terms at any time, effective immediately upon posting on the Site.

Permitted Use

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 without 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 to material contained on the Site, including trademarks, content, and other proprietary content.

1. USE VOID WHERE PROHIBITED

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

a. 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 with the Company 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 registering on the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the "Rule").

b. My Site Account

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. If you violate these Terms, the Company may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, user profile information), or take any other action that the Company believes is appropriate.

c. 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 product search results that reference or link to this Site. 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. 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. If you have a problem with a link from the Site, please notify the Company at customer care, and the Company will investigate your claim and take any actions the Company deems appropriate at our sole discretion.

d. Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of the Company.

e. Unauthorized Use of the Site

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; providing fraudulent information to the Site and our affiliates/partners (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 Site account and formal civil, criminal, and injunctive redress.

f. 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.

g. 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, trade marks, service marks, logos, domain names, and other distinctive brand features.

2. DISCLAIMERS

The Company DOES 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. The Company 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. The Company 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 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 customer care. The Company may investigate the claim and take appropriate action, at its sole discretion.

3. LIMITATION ON LIABILITY

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

a. 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 Sacramento.

b. 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.