Terms and Conditions
By using the LocateAMERICA.com (“LocateAMERICA.com” or “Company”) website and associated information and services (collectively, the “Site”), you agree to the following terms and conditions contained in this agreement (“Agreement”). If you do not accept and abide by these terms and conditions, you should not use the Site. “You” and “your” refer to any party accessing or using the Site or any data or information obtained from the Site.
LOCATEAMERICA DOES NOT REPRESENT OR WARRANT THAT THE RESULTS PROVIDED WILL BE 100% ACCURATE AND UP TO DATE. LOCATEAMERICA PROVIDES A DATABASE OF PUBLICLY AVAILABLE SOURCES OF INFORMATION AGGREGATED FOR YOUR CONVENIENCE. LOCATEAMERICA IS NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE GUIDELINES OF THE FAIR CREDIT REPORTING ACT (FCRA). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS AGREEMENT.LOCATEAMERICA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CHARACTER OR THE INTEGRITY OF THE PERSON, BUSINESS, OR ENTITY THAT IS THE SUBJECT OF ANY SEARCH INQUIRY PROCESSED THROUGH OUR SERVICE.
You acknowledge that any and all service and data products and information available from the Site (collectively, the “Services”) shall at all times remain the sole property of LocateAMERICA.com or the third party data owners (“Data Owners”) who provided the Services to LocateAMERICA.com. You acknowledge and agree that neither you nor any user of the Site has any proprietary rights whatsoever in the Site or Services. You agree you will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Site.
2. Limited License; Permitted Uses; Restrictions:
LocateAMERICA.com grants you a limited, non-exclusive, non-transferable license to use the Services for the following permitted uses and subject to the restrictions set forth in this Agreement:
- The Services will enable you, for a fee, to obtain background searches on third parties via the LocateAMERICA.com system, through the aggregation of with the assistance of its third-party Data Owners.
- You may not use any information obtained from LocateAMERICA.com including, without limitation, any searches utilizing LocateAMERICA.com data, in connection with determining a prospective candidate’s suitability for:
- Health insurance or any other insurance;
- Credit and/or loans;
- Education, scholarships or fellowships;
- Housing or other accommodations; and
- Benefits, privileges or services provided by any business establishment;
- You agree that the Services may contain protective seeding to assist in detecting unauthorized use or duplication of the Services, and you agree not to remove seeds from the Services.
- You agree not to use the Services to advertise, sell, or exchange any products or services relating to illegal or illicit activities, including, without limitation, sex products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.
- You agree to represent yourself and your organization accurately on the Site, that you will not impersonate any other person, actual or fictitious, and that your are at eighteen (18) years of age.
- You agree to not interfere with or disrupt the Site or resell the Services.
- You and only you may access the Services through the Site via your individual login information. Additionally, you may only log into the Site from one location at a time. Multiple instances of simultaneous usage from more than one location may result in the suspension or cancelation of your account.
You represent and warrant that, at all times, you will use the Services and LocateAMERICA.com Services only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Without limiting the generality of the foregoing, you are not permitted to use the Services and/or LocateAMERICA.com Services: (a) in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another person; (b) to seek information about or harm minors in any way; or (c) to seek information about celebrities or public figures.
3. Consumer Inquiries
You agree to promptly respond to any communication initiated by a consumer (“Consumer Inquiries”) arising out of your use of the Services. You agree not to reference any Data Owners or the Company in written or oral communication with consumers or in scripts used in responding to Consumer Inquiries without Company’s prior written approval.
4. Limited Warranty Disclaimer and Limitation of Liability
ALL DATA AND SERVICES PROVIDED THROUGH THE SITE ARE SOLD “AS IS”. LOCATEAMERICA.COM AND THE DATA OWNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER WITH RESPECT TO THE DATA, SERVICES, LISTS, OR THE MEDIA ON WHICH THE DATA ARE PROVIDED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LOCATEAMERICA.COM OR DATA OWNER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE, INCLUDING BUT NOT LIMITED TO LOST INCOME OR LOST REVENUE. IN NO EVENT SHALL LOCATEAMERICA.COM’S ENTIRE LIABILITY HEREUNDER EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY UNDER THIS AGREEMENT DURING THE MOST RECENT BILLING MONTH.
5. Subscription and Billing
By submitting your online application to become a LocateAMERICA.com Customer (the “Application”), you are confirming that you: (a) have fully read the Agreement in its entirety; (b) understand all of the terms and conditions of the Agreement; (c) agree to be fully bound by the Agreement; and (d) agree that the Agreement may be amended from time to time with our without notice to you.
By starting your LocateAMERICA.com subscription, you authorize us to charge to your credit card or other authorized payment method (the “Payment Method”) the monthly subscription fee for the Services at the then-current subscription fee amount as posted on the Site, plus any applicable taxes. Please note that the subscription fee is subject to change at any time and from time to time effective three (3) days following posting of such change on the Site. You acknowledge and agree that it is your responsibility to check the Site for any changes to the subscription fee. We may, but have no obligation to, provide you with an e-mail to the e-mail address in your LocateAMERICA.com subscriber profile before an increase in your monthly subscription fee takes effect. Our decision not to send such an e-mail shall have no effect on your obligation to pay such subscription fee. You agree we may also periodically authorize your card in anticipation of subscription or related charges. In the event that your Payment Method is rejected for any reason and your account is suspended, you may be eligible to revive your account at your original subscription fee only if you provide acceptable payment towards your account within thirty (30) days of account suspension. After thirty (30) days, you will be charged at the then-current subscription fee. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR PARTIAL-MONTH SUBSCRIPTION PERIODS UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT.
We reserve the right to terminate your subscriber account if for any reason a Payment Method is cancelled, terminated or declined authorization or if we have reason to believe payment therefrom will be challenged or dishonored, subject to the terms and conditions of this Agreement.
You may cancel your subscription at anytime, and cancellation will be effective immediately. All fees and charges are fully earned upon payment. Payments are nonrefundable unless otherwise specified in this Agreement. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT. To cancel your subscription, visit our website and click the words “Cancel Subscription” on the “My Account” tab and follow the instructions for cancellation under the heading “Cancel Subscription.” Upon cancellation, your data will be deleted and your LocateAMERICA.com account closed. Upon termination, your Payment Method will not be charged for any future services under this Agreement.
Refund of Subscription Fees
If no searches have been conducted and your subscription is less than 30-days old, you may be eligible for a refund of your subscription fees. If any searches have been conducted, no refunds or credits for partial-month subscriptions will be granted. However, any unused, prepaid monthly subscriptions may be refunded, at the Company’s exclusive discretion.
6. Maximum Liability
You acknowledge and agree that under no circumstances shall the maximum liability of LocateAMERICA.com or its affiliates and data providers including Data Owners exceed more than one month of subscription charges paid by you here under.
You agree to defend, indemnify and hold harmless LocateAMERICA.com and its affiliates, business partners, third‐party suppliers and providers including Data Owners, licensors, and it and their respective officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any communications you distribute using the Services or(iii) arises from your activities or use of the Site. In addition, you acknowledge and agree LocateAMERICA.com shall have the right to seek damages, including without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, if you use the Site or Services for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement. In addition, if LocateAMERICA.com is required to respond to a third party or government subpoena related to your use of the Site or Services , you agree to reimburse LocateAMERICA.com for its reasonable expenses associated with complying with such subpoena requests including attorney fees.
8. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. LocateAMERICA.com will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by LocateAMERICA.com in its sole discretion, by email or by phone, or third party. LocateAMERICA.com has no knowledge of your organization and will not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information. You should be aware that LocateAMERICA.com may suspend or cancel your account if it believes that you have provided access to your account to a third party in violation of these Terms and Conditions.
9. Copyright and Trademark Information
The Site and the information on it are the property of LocateAMERICA.com and its affiliates. The unauthorized copying or dissemination of any LocateAMERICA.com copyright, trademark, or service mark is prohibited by United States copyright law, trademark law and other intellectual property laws and conventions.
10. Right to Terminate
LocateAMERICA.com reserves the right to terminate or restrict your use of our service and to terminate this Agreement, without notice, for any or no reason whatsoever.
11. Binding Arbitration
LocateAMERICA.com and you agree to submit any and all claims, demands, disputes, controversies, or causes of action, arising out of or relating to any performance required under this Agreement, or the interpretation, validity or enforce ability of this Agreement, (individually and collectively “Claims”), to binding arbitration before the American Arbitration Association (“AAA”). Arbitration shall be conducted in Omaha, Nebraska in accordance with (i) the Federal Arbitration Act (“FAA”), (ii) the Code of Procedure (“Code”) of the AAA, and (iii) this Agreement. The terms of this Agreement shall govern any inconsistency between it and the Code. The arbitrator shall apply Nebraska substantive law in the adjudication of all Claims. Not with standing the foregoing, a party may apply to the federal district court located in Douglas County Nebraska for a provisional remedy, including but not limited to a temporary restraining order or a preliminary injunction, to the extent necessary to protect intellectual property, trade secrets, or confidential information. The application for or enforcement of any provisional remedy by a party shall not operate as a waiver of this Agreement to submit a dispute to binding arbitration pursuant to this provision. After an arbitration demand has been filed and served, the parties may engage in reasonable discovery in the form of requests for documents, interrogatories, requests for admission, and depositions. The arbitrator shall resolve any disputes concerning discovery. The decision of the arbitrator shall be in writing setting forth the findings of fact and law, and the reasons supporting the decision. The arbitrator may award costs and attorneys fees to the prevailing party to the extent permitted by Nebraska law. The arbitrator’s decision shall be final and binding upon the parties subject to any right of appeal permitted by the AAA. In the event that any Claims that cannot be satisfied through arbitration, then you agree any action relating to any provision of this Agreement or your use of the Site shall be brought in a court of competent jurisdiction for Douglas County, Nebraska, but only after arbitration efforts have been exhausted.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind LocateAMERICA.com. This Agreement sets forth the entire understanding and agreement between you and LocateAMERICA.com with respect to the subject matter described herein. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The following sections: Section 4 “Limited Warranty Disclaimer and Limitation of Liability”; Section 7 “Indemnification”; and this Section 12 “Miscellaneous” shall each survive any termination of this Agreement.
We may amend these terms and conditions at any time and in our sole discretion by posting the revised terms on the Site. Unless otherwise stated herein or in such revision, the revised terms will take effect when they are posted. You are responsible for and agree to review and check for any changes on each occasion before using the Site or any Services.
Your continued use of the Site and our services following changes to these terms and conditions will constitute your acceptance of such changes or modifications. If you do not agree to any changes to these terms and conditions, discontinue use of the Site and Services immediately.
13. Additional Information
Please contact customerservice@LocateAMERICA.com if you have any questions about the above terms and conditions.