Terms of Website Use and Service
These Terms of Website Use and Service (“Terms” or “Agreement”) are a legally binding agreement between Online Privacy Solutions (“OPS”, “we”, “our” or “us”) and you (“you”, “user”, “your” or “yours”) which governs and is applicable to our product(s) and/or our service(s) and any membership or license for access to or use of our product(s) and/or service(s) (Collectively, “Service” or “Services”), our website(s) and any World Wide Web site owned, operated, licensed or controlled by us (Collectively, “Website” or “Websites”), including any content or data thereon, and/or any communication with us.
- ASSENT TO TERMS
- CHANGES TO TERMS OR SERVICES
WE MAY CHANGE, UPDATE, MODIFY, AMEND, ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR WEBSITE. WE ALSO RESERVE THE RIGHT TO CHANGE, MODIFY, ADD TO, REDUCE AND/OR DISCONTINUE ANY SERVICE AND/OR ANY FEATURE OF A SERVICE AT ANY TIME BY POSTING THOSE CHANGES ON OUR WEBSITE. WE HAVE NO OBLIGATION TO PROVIDE DIRECT NOTICE OF ANY SUCH CHANGES. YOU HAVE AN AFFIRMATIVE DUTY, AS PART OF CONSIDERATION FOR PERMISSION TO VIEW AND ACCESS OUR WEBSITE AND/OR USE OUR SERVICES, TO KEEP YOURSELF INFORMED AND TO CHECK OUR WEBSITE FOR CHANGES FREQUENTLY AND CONSISTENTLY, AND AT A MINIMUM, TO REVIEW OUR TERMS ON EACH OCCASION THAT YOU ACCESS OR VIEW OUR WEBSITE OR SERVICES. YOUR CONTINUED USE OF OUR WEBSITE AND/OR ANY OF OUR SERVICES AFTER WE POST ANY MODIFICATION, ADDITION, CHANGE, AMENDMENT OR UPDATE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS AND/OR THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE UPDATES OR CHANGES, YOU MUST STOP ACCESSING OUR WEBSITE AND STOP USING OUR SERVICES.
- MINOR CHILDREN NOT ALLOWED
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO OUR WEBSITE AND NOT ALLOWED TO PURCHASE OR USE OUR SERVICES. IF YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT PERMITTED TO VISIT, READ, OR INTERACT WITH OUR WEBSITE OR ITS CONTENT, NOR PURCHASE/USE OUR SERVICES. WE SPECIFICALLY DENY ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. BY USING OUR WEBSITE AND/OR PURCHASING OUR SERVICES, YOU WARRANT THAT YOU ARE OVER 18 YEARS OF AGE.
If you are a natural person and engage us to perform our Service, we will make a good faith and reasonable effort to remove or suppress certain personal information of yours from the background check websites, database and other websites maintained, serviced, owned or operated by data brokers and information aggregators (each a “Database”) identified on Exhibit A (“Personal Privacy Service”). We may add to or remove a Database from this list at any time by updating these Terms on our Website. While we will attempt to keep this list current and up-to-date, we do not represent or warrant that it is 100% accurate, or that we can effectively remove all of your personal information from each Database.
Our Personal Privacy Service includes sending/submitting opt-out requests and other correspondence on your behalf, which may include written letters, facsimile transmissions and/or electronic transmissions, for the suppression or removal of your personal information to third-parties that maintain, service, own or operate each Database (“Removal Request(s)”). Thereafter, and until our Personal Privacy Service are terminated, we shall periodically monitor and audit the results of the Removal Request(s) whereby we will check to see whether your personal information has been removed and/or has reappeared on a Database, and if so, we shall submit another Removal Request on your behalf. We may subcontract some or all of our performance obligations to third-parties.
The timeframe for compliance with or response to a Removal Request(s), if at all, varies with each Database. Our Services may result in the removal or suppression of personal information from certain Databases within hours of a Removal Request being submitted, while other Databases may take several weeks and may require additional steps or actions. We do not represent or warrant that your personal information will be removed from any Database in any particular timeframe, nor that your personal information will be removed at all from a Database at all.
In some instances, we may be able to remove or suppress your personal information from a website or database that is not identified on Exhibit A and you should contact us to discuss the terms of such additional service.
If you choose the expedited service option and pay for the expedited processing of your new Online Privacy Solutions account, we shall process your account, complete the intake process (subject to your prompt, timely and full cooperation) and submit Removal Requests on your behalf within five (5) business days. Expediting your Personal Privacy Service processing will not speed up the rate of response for any particular Database. We have no control over how quickly or slowly a particular Database may respond or take action upon receiving a Removal Request.
- YOUR DUTY OF COOPERATION
In order to enroll in, register for and receive any of our Services, you must provide us with accurate and complete personal information that we require for the applicable Services, which may include without limitation your full legal name, any names that you were previously known by, any aliases, past and present addresses, past and present telephone numbers, past and present email addresses, date of birth, driver’s license number, Social Security number, a copy of your driver’s license or other acceptable state issued identification, a copy of your passport, and other personal information to verify your identity and to perform our Services, as well as financial information such as your credit/debit card number, expiration date, billing address and Card Verification Value (collectively, “Personal Information”). You represent and warrant that any and all Personal Information you provide to us is your Personal Information, and not that of another individual, and that it is accurate and complete. You agree to keep all Personal Information updated and accurate.
You agree to execute such additional documents or materials as may be reasonably required for us to perform our Services, including those materials required by third-parties that maintain, service, own or operate each Database. You acknowledge and agree that you may be required to comply with the terms and conditions of the third-parties that maintain, service, own or operate each Database in order to submit a Removal Request(s). You acknowledge and agree that you may be required to disclose and provide certain Personal Information to the third-parties that maintain, service, own or operate each Database in connection with a Removal Request(s) and that such disclosure shall be subject to the terms and conditions and privacy policies of the third-parties that maintain, service, own or operate each Database, over which we have no control. You acknowledge and agree that you may be required to disclose and provide certain Personal Information to our affiliates, our respective licensors, licensees and our services providers in order for us to perform our Services.
- AUTHORIZATION TO ACT ON YOUR BEHALF
In order for us to perform the Services, you hereby authorize us, our affiliates, our respective licensors, licensees and our service providers to act on your behalf and in your stead for purposes of rendering the Services, including but not limited to, any of the following, as may be reasonably required:
- Prepare and transmit Removal Requests on your behalf
- Prepare and transmit documents on your behalf
- Communicate with third-parties on your behalf
- Request and obtain documents or information, including Personal Information, on your behalf
- Disclose, provide and transmit your Personal Information to third-parties on your behalf
- Complete and execute documents on your behalf
- Agree to the terms and conditions and privacy policies of the third-parties that maintain, service, own or operate each Database on your behalf
- Take such other actions as we believe are reasonably necessary to perform our Services
We are not your attorney and you understand and agree that the Services are not a legal service, not legal in nature and we do not give legal advice. The limited authorization that you provide to us herein does not create an attorney-client relationship or legal representation.
- TERMINATION OF SERVICES
Until cancelled and/or terminated, the Services shall automatically renew and continue indefinitely, and you shall pay the applicable then-current monthly fee. You may cancel or terminate our Services by giving us at least thirty (30) calendar days’ advance notice of your intent to terminate or cancel Services in writing to email@example.com or by mailing notice by prepaid, certified or registered mail to Online Privacy Solutions, Attn: Cancellations, 2110 S. Lamar Blvd., Suite G, Austin, TX 78704. Except as set forth in our refund policy, we do not provide refunds or credits for any partial-period of Service access, nor do we provide refunds or credits for any Service or portion of Service that has not been completed prior to the effective date of termination or cancellation. In the event of termination or cancellation of our Services for any reason, you have no right to obtain a copy of any data or communications stored or effected via the Services, or any other data. Notwithstanding anything stated to the contrary, we reserve the right to terminate the Service and/or our Service to you and/or your access to our Website at any time, with or without cause, and with or without notice.
- PAYMENT/BILLING/AUTOMATIC RENEWAL
All fees and charges for Services are billed in advance and are deemed earned on receipt. At the time of engaging us to perform any Service, you must have Internet access and a current, valid credit/debit card (“Payment Method”) and must provide us with certain Personal Information associated with your Payment Method. You must update and keep your Payment Method current with us. We use your Payment Method and your Personal Information to bill and automatically renew Services in which you enroll until cancellation or termination becomes effective.
Through our Website, you must select the package/payment option that you prefer at the time of enrollment. If you choose a month-to-month package/payment option, whereby you only prepay for a single month of Service at a time, following each month of Service and until cancellation or termination becomes effective, we will continue to charge your Payment Method and automatically renew the Service at the applicable then-current price for the Service, as published by us on our Website at the time of each respective renewal.
Some of our payment options/packages allow you to prepay for multiple months of Service (“Prepaid Period”) in order to receive and enjoy a reduced monthly fee for Services. If you choose a payment option/package that allows for prepayment of multiple months, we will use your Payment Method and Personal Information and charge the entire amount due for the Prepaid Period at the time that you enroll. Fees and charges due for the entire Prepaid Period are due in full at the time that you enroll for Services. Following the Prepaid Period, and until cancellation or termination becomes effective, we will continue to charge your Payment Method and automatically renew the Service at the applicable then-current price for the Service, as published by us on our Website at the time that your Prepaid Period concludes and/or the time of each respective renewal, as applicable.
In some instances, we may have coupon offers, special offers or introductory offers that modify the fees or charges due for a Service or for a Prepaid Period. If you enroll using a coupon offer, special offer or introductory offer, following the expiration thereof, we will continue to charge your Payment Method and automatically renew the Service at the applicable then-current price for the Service, as published by us on our Website at the time that the offer concludes and/or the time of each respective renewal, as applicable.
The then-current renewal price is subject to change and will be published by us on our Website.
If you choose the expedited processing option, you will be charged the then-current price for expedited processing, which shall be charged immediately and paid in full.
We reserve the right to verify Payment Information prior to your purchase of a Service or renewal of your Service. We also reserve the right to obtain and continue using updated Personal Information electronically, when applicable, from third-parties and to retry failed payment transactions in order to complete transactions up to five (5) times in a single calendar month, including but not limited to, retrying failed transactions using extended expiration dates for the Payment Method. We also reserve the right to change or amend authorized third-parties to assist with payment processing.
- PROPRIETARY INFORMATION
Subject to your compliance with these Terms, we hereby grant you a limited, revocable license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Website solely for your personal purposes. Upon your payment for the Services, and subject to your compliance with these Terms, we hereby grant you a limited, revocable license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Services solely for your personal purposes.
No Intellectual Property may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by us. Modification of the Content or use of the Content for any other purpose is a violation of our copyright and other proprietary rights, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
You may not distribute, sell, resell, trade, modify, transmit, edit, reproduce, create derivative works from, reverse engineer or in any way use the Intellectual Property, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without our express written permission. You may not resell any Intellectual Property.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained on our Website, and any other World Wide Web site owned, operated, licensed or controlled by us, are copyrighted unless otherwise noted and are our property and/or the property of one of our suppliers. No such materials may be used except as provided in these Terms.
- CONTENT YOU POST AND OTHER INTERACTIVE SERVICES OR AREAS
Our Website may include interactive areas in which you may post content and information, including reviews, questions and answers, comments, photos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with all applicable community guidelines. We reserve the right to remove or modify User Content for any reason, with or without cause, and with or without notice.
When you post User Content, you give us, our affiliates, our agents and our assigns a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on our Website, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Website or Services, we may use your feedback or suggestions without obligation to you.
We shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Website, including User Content and Personal Information. Use of the Website is completely at your own risk.
- USER DOCUMENTS
We do not claim ownership of any documents or materials that you either create or upload and store using our Services (“User Documents”). You grant us permission to access, view and use your User Documents in connection with providing Services and marketing to you. You acknowledge and agree that we may preserve your User Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect our rights, property, or safety, and that of our users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that we have no responsibility or liability for deleting or failing to store any content maintained or uploaded in connection with our Services.
- LINKS TO THIRD PARTY SITES
Through our Website or e-mails that we send to you, we may provide links to other sites which are not maintained by or controlled by us. We have not reviewed such sites and we are not responsible for the content of those third-party sites. Links to third party sites are to be accessed at your own risk, and we make no representations or warranties about the content, completeness or accuracy of any third-party sites. Further, the inclusion of any link to a third-party site in an e-mail from us or on our Website does not necessarily imply endorsement by us of that site.
- MARKETING MATERIALS/ENDORSEMENTS/TESTIMONIALS
Promotional content on our Website or in e-mails that we send, including promotional videos, may contain reenactments, dramatizations and actors that have been paid for their services. None of the endorsements or testimonials included on our Website or in e-mails that we send are intended to guarantee or suggest that you will obtain any particular benefits or results from the use of our Services. Statements on our Website or in e-mails that we send about potential benefits or results that you may enjoy as a result of using our Services are not guaranteed. The benefits or results you may realize are dependent upon many factors and conditions. Past results and potential benefits are not a guarantee that you will experience the same or similar results or benefits.
- REFUND POLICY/NO NONSENSE GUARANTEE
ALL SALES FOR OUR SERVICES ARE FINAL. NO REFUNDS SHALL BE GIVEN FOR ANY REASON. PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS OR CREDITS FOR PARTIAL PERIODS WILL BE ISSUED. NO REFUNDS OR CREDITS WILL BE ISSUED FOR ANY SERVICE THAT HAS NOT YET BEEN COMPLETED PRIOR TO THE EFFECTIVE DATE OF TERMINATION OR CANCELLATION. NO REFUNDS SHALL BE GIVEN WHERE YOUR PERSONAL INFORMATION REAPPEARS ON A DATABASE SUBSEQUENT TO BEING REMOVED.
- DISCLAIMER OF WARRANTIES
WE DO NOT PROMISE, REPRESENT, WARRANT OR GUARANTEE THAT OUR SERVICES WILL WORK, THAT ANY OF OUR SERVICES WILL RESULT IN A SUCCESSFUL OUTCOME, THAT YOU WILL BE ABLE TO USE OUR SERVICES, NOR THAT YOU WILL RECEIVE ANY PARTICULAR BENEFIT FROM USING OUR SERVICES. ONLINE PRIVACY SOLUTIONS, FOR ITSELF AND FOR ITS AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES AND ITS SERVICE PROVIDERS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR OUR WEBSITE, RELATING TO THE FUNCTIONALITY, QUALITY, SUITABILITY, TRUTH, TIMELINESS, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE SERVICE OR ON OUR WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE SERVICE OR OUR WEBSITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. WE HAVE NOT VERIFIED OR AUTHENTICATED ANY CONTENT OR MATERIALS PROVIDED BY THIRD-PARTY LICENSORS AND SUPPLIERS OR OTHER USERS OF OUR WEBSITE IN WHOLE OR IN PART AND THEY MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR TIMELINESS OF ANY CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE OR SERVICES. WE HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, WHETHER PROVIDED BY US OR OUR AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS OR OTHER USERS OR CUSTOMERS.
THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. THIS DISCLAIMER SHALL BE ENFORCED TO THE EXTENT PERMITTED BY LAW IN THOSE JURISDICTIONS THAT MAY LIMIT THE EXCLUSION OF IMPLIED WARRANTIES.
- LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ONLINE PRIVACY SOLUTIONS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, LICENSORS, LICENSEES, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR MANAGERS, BE LIABLE OR OBLIGATED TO YOU FOR LOSS OF PROFITS OR BUSINESS, or any SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, EXTRAORDINARY OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, WHETHER RELATING TO (a) YOUR USE OF OR ACCESS TO OUR WEBSITE, (b) YOUR USE OF OUR SERVICES, (c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES, OR (d) UNAUTHORIZED ACCESS, USE OR ALTERATION OF INFORMATION, USER CONTENT OR USER DOCUMENTS. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, OUR SERVICES OR YOUR USE OF OUR WEBSITE IS LIMITED TO THE LESSER OF (a) THE AMOUNTS PAID TO US FOR THE SERVICE THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (b) ONE THOUSAND U.S. DOLLARS ($1,000.00).
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- ARBITRATION CLAUSE AND CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
We hope we never have a dispute, but if we do, you and we agree to try for sixty (60) calendar days to resolve it informally. You may send us the details of your concern to firstname.lastname@example.org. However, if we are not able to informally resolve your complaint, you and we agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and us:
Before moving an unresolved informal dispute into arbitration, you must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: email@example.com or by mailing notice by prepaid, certified or registered mail to Online Privacy Solutions, Attn: Legal Department, 2110 S. Lamar Blvd., Suite G, Austin, TX 78704.
Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, our principal place of business in Austin, Texas.
The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.
Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or we may bring an action in Justice Court or Small Claims Court in Travis County, Texas. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.
Injunctive relief. We may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, we may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in Travis County, TX, and you and we consent to personal jurisdiction and exclusive venue in such courts.
Option to opt Out of Arbitration. You may opt out of arbitration. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within thirty (30) calendar days of the date that you first became subject to the arbitration provision in these Terms. To opt out you must send us a clear statement that you want to opt out of arbitration, along with your name, residence or business address, and the email address associated with your account to: firstname.lastname@example.org or by mailing notice by prepaid, certified or registered mail to Online Privacy Solutions, Attn: Legal Department, 2110 S. Lamar Blvd., Suite G, Austin, TX 78704.
NO CLASS ACTIONS: You may only bring individual claims. Under no circumstances are you allowed to bring a claim as a plaintiff or a class member in a class. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceedings where someone acts in a representative capacity are not allowed. Any combining of individual proceedings must have the consent of all parties.
This Arbitration Clause and Class Waiver is an independent agreement and shall survive the termination, transfer or assignment of this Agreement. If any part of this Arbitration Clause and Class Waiver is found to be unenforceable for any reason, the remainder shall remain enforceable to the fullest extent possible.
- INDEMNIFICATION BY CLIENT
You agree to defend, indemnify and hold us and each of our directors, officers employees, agents, affiliates, independent contractors, service providers and consultants harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any User Content, (iv) your use of, or inability to use, the Website or any Services that we may provide, and (v) your conduct in connection with the Website or the Services or with other users of the Website or the Services. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- EXPORT COMPLIANCE
Our Website and our Services may not be utilized or accessed by persons that reside outside the United States of America. By using our Website and/or our Services, you represent and warrant that (a) you located in the United States of America; (b) you are not listed on any U.S. Government list of prohibited or restricted parties; and (c) you will not permit utilization of or access to our Website and/or our Services in a U.S.-embargoed country or in violation of any export law or regulation of the United States of America.
- ENTIRE AGREEMENT
- CHOICE OF LAW
This Agreement shall be governed by the laws of the State of Texas without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States.
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on any Website of ours infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with our Designated Copyright Agent:
OPS Copyright Agent
c/o Online Privacy Solutions
2110 S. Lamar Blvd., Suite G
Austin, TX 78704
You authorize us and/or our affiliates, agents and assigns to record all telephone conversations that you may have with us. For each telephone number that you provide, you consent and authorize us and/or our affiliates, agents and assigns to send text/SMS messages to that number, place telephone calls to that number using pre-recorded or artificial voice messages, and to place telephone calls to that number using an automatic telephone dialing system. For each e-mail address that you provide, you authorize us and/or our affiliates, agents or assigns to send e-mails to you at that email address. You agree and authorize follow-up contact from the us via e-mail, mail, newsletters, as well as telephone calls from us, our joint venture partners and/or third-parties for the purpose of solicitation related to our Services or any other product or service.
- WAIVER, SEVERABILITY AND ASSIGNMENT
Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Last Updated: December 19, 2017
EXHIBIT A TO TERMS OF WEBSITE USE AND of SERVICE
|Advanced Background Checks|
|Background File Check|
|Look up Anyone|
|Mug Shot Now|
|People Search Now|
|Public Background Checks|
|Public Records 360|
|Public Records Now|
|United States Background Checks|
|USA People Search|
|US People Records|
Exhibit A Last Updated: December 19, 2017