BY ACCESSING AND/OR USING THE SERVICE, INCLUDING BY DOING SO AFTER ACCESSING THIS AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Service on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
5. PUBLICINFO.DIRECTORY'S ROLE; THIRD PARTY PLATFORM ONLY
Without limitation, You agree that PublicInfo.Directory is merely a third-party platform and You use the Service at Your own risk, without limitation and pursuant to Section 8 ASSUMPTION OF RISK; RELEASE.
PublicInfo.Directory's role is limited because PublicInfo.Directory is not directly involved in compiling information to be published. Without limitation, PublicInfo.Directory does not guarantee that it will pre-screen public records. Nor does PublicInfo.Directory guarantee the accuracy of content and/or information provided by public entities. PublicInfo.Directory does not directly control the quality of any aspect of the Services. Unless stated otherwise in this Agreement, You are responsible for conducting Your own due diligence. For additional information, please carefully review Section 16: DISCLAIMERS; LIMITATION OF LIABILITY.
Subject to Your compliance with the terms and conditions of this Agreement, PublicInfo.Directory grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access the PublicInfo.Directory website located at the following URL: Http://PublicInfo.Directory and use the Service. The Service, including any portion of the aforementioned PublicInfo.Directory website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior, express written consent of PublicInfo.Directory. All rights not expressly granted herein are reserved by PublicInfo.Directory. Without limitation, this Agreement grants You no rights in or to the intellectual property of PublicInfo.Directory or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially, in the sole judgment of PublicInfo.Directory, any provision of this Agreement.
7. NO RELIANCE ON THIRD-PARTY CONTENT
The Service is provided only as a technology solution. Opinions, advice, statements, or other information made available by means of the Service by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PublicInfo.Directory does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Service; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Service. Under no circumstances will PublicInfo.Directory be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third-party.
8. ASSUMPTION OF RISK; RELEASE
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICE. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY PUBLICINFO.DIRECTORY AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "PUBLICINFO.DIRECTORY PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICE.
9. ACCURATE USER INFORMATION; PASSWORD PROTECTION
You may also be asked to provide a username and password in connection with Your use of certain features of the Service. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the username or password of any other member at any time, nor may You circumvent any authentication mechanism requiring the entry of usernames or passwords to gain unauthorized access to the Service. You agree to notify PublicInfo.Directory immediately of any unauthorized use of Your user name or password. PublicInfo.Directory shall not be liable for any loss that You incur as a result of someone else using Your username or password, either with or without Your knowledge. You may be held liable for any losses incurred by PublicInfo.Directory, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your username or password.
10. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM PUBLICINFO.DIRECTORY
Without limitation, by registering for the Service and providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby expressly consent to receive electronic and other communications from PublicInfo.Directory, over the short term and periodically, including email, regarding the Service, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to SUPPORT at 123QR dot COM.
11. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM PUBLICINFO.DIRECTORY PARTNER MARKETERS
Without limitation, by registering for the Service and/or by providing Your name, email, postal or residential address, and/or phone number through the Service, You hereby consent to receive, and openly and knowingly solicit, electronic communications, including email communications, from PublicInfo.Directory partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding their services, including offers, promotions, and other related matters. You may opt-out of receiving electronic communications at any time by (a) following the unsubscribe instructions contained in each communication; or (b) sending an email to SUPPORT at 123QR dot COM.
12. RESERVED RIGHTS FOR PUBLICINFO.DIRECTORY FEES
(a) Reserved Rights for PublicInfo.Directory's Fees
You acknowledge and agree that PublicInfo.Directory reserves the right to charge for access to the Service, in accordance with the PublicInfo.Directory Fee Policy specified in Subsection (b) of this Section and subject to PublicInfo.Directory's amendment as specified in this Agreement. PUBLICINFO.DIRECTORY RESERVES THE RIGHT, IN PUBLICINFO.DIRECTORY'S SOLE DISCRETION, TO CHANGE THE FEES AND CHARGES IN EFFECT, OR TO ADD NEW FEES AND CHARGES, BY POSTING SUCH CHANGES OR PROVIDING NOTICE TO YOU. ALL FEES AND CHARGES ARE NONREFUNDABLE, with exceptions made in PublicInfo.Directory's sole discretion and without any waiver of subsequent fees and charges to You or any other party. PublicInfo.Directory's decision not to exercise any specific right or require performance of any specific obligation under this Agreement, including without limitation the collection of regularly recurring fees from You, shall not affect PublicInfo.Directory's subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall PublicInfo.Directory's waiver of Your breach constitute PublicInfo.Directory's waiver of any subsequent breach by You or any other user of the Service. By using the Service, You authorize PublicInfo.Directory, and/or its payment processor, to charge PublicInfo.Directory's fees to the PayPal account information You provide, in addition to applicable sales taxes and other taxes.
(b) PublicInfo.Directory Fee Policy; Paid Goods and Services
PublicInfo.Directory may charge a fee for in exchange for Your use of the Service, such as digital goods (collectively, "Paid Goods and Services"). All fees for Paid Goods and Services are payable in U.S. dollars. In all cases, fees for Paid Goods and Services are due and collected in full before the goods are delivered or the Services are rendered.
(c) PayPal Account Required
You must hold or create an account with PayPal, Inc. to purchase records from PublicInfo.Directory. You agree to all applicable terms in the PayPal Terms of Services and Legal Agreements, available at the internet addresses featured at the bottom of this Agreement. PublicInfo.Directory will not accept payments through any means other than PayPal.
(d) Limited Period to Challenge Discrepancies
You have ten business days from the date of any completed purchase from PublicInfo.Directory to send notification to PublicInfo.Directory about any discrepancy, after which all payments are final and no longer subject to change or refund. You agree to waive, and hereby waive, any claims arising from such discrepancies by failing to provide timely written notification to PublicInfo.Directory within the ten business day time period. You can notify PublicInfo.Directory of discrepancies only by sending an email detailing the discrepancy to PublicInfo.Directory's email address at SUPPORT at 123QR dot COM.
13. THIRD-PARTY WEBSITES
The Service is linked with the websites of third parties ("Third-Party Websites"), some of whom may have established relationships with PublicInfo.Directory and some of whom may not. PublicInfo.Directory does not have control over the content and performance of Third-Party Websites. PublicInfo.Directory has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, PublicInfo.Directory does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Websites. PublicInfo.Directory disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
14. PROHIBITED USES
PublicInfo.Directory imposes certain restrictions on Your use of the Service. You agree that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to PublicInfo.Directory or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) modify or change the placement and location of any advertisement posted through the Service; (e) harvest or otherwise collect information about PublicInfo.Directory users, including email addresses and phone numbers; (f) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Service for any use, including without limitation use on Third-Party Websites; (g) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (h) attempt to probe, scan, or test the vulnerability of the Service, or any associated system or network, or breach security or authentication measures without proper authorization; (i) interfere or attempt to interfere with the use of the Service by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (j) use the Service to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (k) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Service; or (l) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the PublicInfo.Directory Parties in providing the Service. Any violation of this section may subject You to civil and/or criminal liability.
15. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Service, You obey all applicable laws and respect the intellectual property rights of others. Your use of the Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT THROUGH THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICE. PUBLICINFO.DIRECTORY USERS BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
PublicInfo.Directory and the "PublicInfo.Directory logo" (collectively, the "PublicInfo.Directory Marks") are trademarks or registered trademarks of PublicInfo.Directory. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Service may be the trademarks of third-parties. Neither Your use of the Service nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the PublicInfo.Directory Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the PublicInfo.Directory Marks generated as a result of Your use of the Service will inure to the benefit of PublicInfo.Directory, and You agree to assign, and hereby do assign, all such goodwill to PublicInfo.Directory. You shall not at any time, nor shall You assist others to, challenge PublicInfo.Directory's right, title, or interest in or to, or the validity of, the PublicInfo.Directory Marks.
(c) Copyrighted Materials; Copyright Notice
All content and other materials available through the Service, including without limitation the PublicInfo.Directory logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by PublicInfo.Directory or are the property of PublicInfo.Directory licensors and suppliers. Except as explicitly provided, neither Your use of the Service nor this Agreement grant You any right, title, or interest in or to any such materials.
(d) DMCA Policy
As PublicInfo.Directory asks others to respect PublicInfo.Directory's intellectual property rights, PublicInfo.Directory respects the intellectual property rights of others. If you believe content located on or linked-to by the Service violates Your copyright, you are encouraged to please immediately notify PublicInfo.Directory by means of emailed notice ("Infringement Notice"), providing the information described herein. If PublicInfo.Directory takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to PublicInfo.Directory. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Service infringes your copyright, you should consider first contacting an attorney.
All Infringement Notices should include the following:
1. A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
2. An identification of the copyright claimed to have been infringed;
3. A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit PublicInfo.Directory to find and positively identify that material;
4. Your name, address, telephone number and email address; and
5. A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to DMCA at 123QR dot COM with the subject line "DMCA Notice - [INSERT YOUR NAME OR YOUR COMPANY'S NAME]".
PublicInfo.Directory will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
16. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
PUBLICINFO.DIRECTORY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER PUBLICINFO.DIRECTORY NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PUBLICINFO.DIRECTORY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SERVICE PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH THE SERVICE, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING. PUBLICINFO.DIRECTORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF PUBLICINFO.DIRECTORY, PUBLICINFO.DIRECTORY PARTIES, OR PUBLICINFO.DIRECTORY USERS, OR THEIR AGENTS OR REPRESENTATIVES.
(b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA
YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD PUBLICINFO.DIRECTORY OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, INCLUDING WITHOUT LIMITATIONS TABLETS AND/OR SMARTPHONES, OR DATA. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER SIMILAR EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
(c) LIMITATION OF LIABILITY
IN NO EVENT SHALL PUBLICINFO.DIRECTORY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE WITH THE SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO PUBLICINFO.DIRECTORY OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PUBLICINFO.DIRECTORY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND PUBLICINFO.DIRECTORY OR BETWEEN YOU AND ANY OF PUBLICINFO.DIRECTORY'S LICENSORS AND SUPPLIERS. PUBLICINFO.DIRECTORY'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
17. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Service will be in accordance with this Agreement and any other PublicInfo.Directory policies, and with any applicable laws or regulations.
18. INDEMNITY BY YOU
Without limiting any indemnification provision of this Agreement, You (the "Indemnitor") agree to defend, indemnify and hold harmless PublicInfo.Directory and the PublicInfo.Directory Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, "Claim," and collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to PublicInfo.Directory, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and PublicInfo.Directory, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Service; (iv) Your provision to PublicInfo.Directory or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; or (vi) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
19. GOVERNING LAW; JURISDICTION AND VENUE
(a) 1-Year Limitations Period
ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICE, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE.
(b) Binding Arbitration
If You and PublicInfo.Directory cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, PublicInfo.Directory will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, You hereby agree to reimburse PublicInfo.Directory for all payments disbursed that are your obligation to reimbursed under the AAA Rules. If you are unable to pay the arbitration fee, PublicInfo.Directory will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. PublicInfo.Directory may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
(c) Restrictions Against Joinder of Claims
You and PublicInfo.Directory agree that any arbitration shall be limited to each Claim individually. YOU AND PUBLICINFO.DIRECTORY HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR PUBLICINFO.DIRECTORY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event that this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
(d) Remedies in Aid of Arbitration; Equitable Relief
This agreement to arbitrate will not preclude You or PublicInfo.Directory from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or PublicInfo.Directory from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of Florida.
(e) Laws of the State of Florida
This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO LEON COUNTY, FLORIDA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
(a) BY PUBLICINFO.DIRECTORY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, PUBLICINFO.DIRECTORY RESERVES THE RIGHT TO, IN PUBLICINFO.DIRECTORY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE SERVICE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) AUTOMATIC TERMINATION UPON BREACH BY YOU
This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by PublicInfo.Directory.
(c) BY YOU
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to PublicInfo.Directory notice of Your intention to do so, in the manner required by this Agreement.
(d) EFFECT OF TERMINATION
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Service. Upon termination, PublicInfo.Directory may, but has no obligation to, in PublicInfo.Directory's sole discretion, rescind any services and/or delete from PublicInfo.Directory's systems all Your Personal Information and any other files or information that You made available to PublicInfo.Directory or that otherwise relate to Your use of the Service. Upon termination, You shall cease any use of the Service. Subsequent to termination, PublicInfo.Directory reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Service, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
(e) LEGAL ACTION
If PublicInfo.Directory, in PublicInfo.Directory's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, PublicInfo.Directory will be entitled to recover from You as part of such legal action, and You agree to pay, PublicInfo.Directory's reasonable costs and attorneys' fees incurred as a result of such legal action. The PublicInfo.Directory Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 2, 4-9, and 12-23 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. PublicInfo.Directory shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to PublicInfo.Directory. You agree that any notice received from PublicInfo.Directory electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH PUBLICINFO.DIRECTORY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY PUBLICINFO.DIRECTORY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to PublicInfo.Directory by means of email to SUPPORT at 123QR dot COM.
22. PARTIAL INVALIDITY
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
This Agreement constitutes the entire agreement between PublicInfo.Directory and You concerning Your use of the Service. This Agreement may only be modified by a written amendment signed by an authorized executive of PublicInfo.Directory or by the unilateral amendment of this Agreement by PublicInfo.Directory and by the posting by PublicInfo.Directory of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of PublicInfo.Directory. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and PublicInfo.Directory are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the PublicInfo.Directory Parties and the Indemnified Parties as and to the extent set forth in Sections 8, 14, 16, 18, and 20(e), and in this paragraph, and PublicInfo.Directory's licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to PublicInfo.Directory and PublicInfo.Directory's licensors and suppliers, and would therefore entitle PublicInfo.Directory or PublicInfo.Directory's licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.
24. Fair Credit Reporting Act (FCRA) Notice
You may not use any information obtained from PublicInfo.Directory in connection with determining a prospective candidate's suitability for:
The information provided by PublicInfo.Directory has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. According to applicable law, you are not permitted to use any of this information as a factor in: (a) establishing an individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (b) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (c) evaluating an individual for educational opportunities, scholarships or fellowships; or (d) any other personal business transaction with another individual (including, but not limited to, leasing, renting or sale of a house, apartment or other dwelling).
- Health insurance or any other insurance
- Credit and/or loans
- Education, scholarships or fellowships
- Housing or other accommodations
- Benefits, privileges or services provided by any business establishment