Terms and Conditions
By using PrivatePhoneDetective.com, you are hereby advised that the following Terms and Conditions of Use are legally binding between you (also known as the “User”) and ARK Ventures, LLC and govern your use of PrivatePhoneDetective.com. If you do not agree to abide by or be legally bound by these Terms and Conditions, you should not use PrivatePhoneDetective.com.
Terms of Use
You will have a 3-day trial to test our services. Due to the nature of this valuable
and sensitive information, there is a $1.95 processing fee for your 3-day trial,
where you will receive 3 reverse phone lookups. A membership fee of $9.95 plus tax
where applicable per month will be charged or debited by US Search to the credit
card you used today after your 3-day trial period is complete. Any unused reverse
phone lookups from your trial period will be transferred over to your 10 reverse
phone lookups for the first month. Moving forward, your debit or credit card will
automatically be charged each month at the then-current monthly membership fee so
long as you remain a member. Of course, you can call toll-free at 1-888-255-1137
and speak to a Private Phone Detective customer care representative within the first
3-days to cancel or anytime during your membership period. Our customer care representative
will cancel your membership if you are not satisfied or no longer wish to use this
service, but no refunds are available for the period you were permitted to use this
service. You must accept these Terms and Conditions as a condition to use our site.
Changes to Terms and Conditions
ARK Ventures, Inc. may change these Terms and Conditions at any time. You can review the most recent Terms and Conditions by clicking the “Terms & Conditions” hyperlink on the PrivatePhoneDetective.com site. You agree to and are bound by the new Terms & Conditions if you continue to use PrivatePhoneDetective.com.
Performance of Services by PrivatePhoneDetective.com
Data Format. PrivatePhoneDetective.com agrees to provide Users with third-party software and data available for Users to use. Data May Not Contain All Data Elements and Results Are Not Guaranteed. PrivatePhoneDetective.com is not responsible for the accuracy of the data. Users understand and agree that PrivatePhoneDetective.com will provide data compiled from numerous sources, and that each individual record may not contain all of the data elements. Further, Users understand and agree that the data is provided or compiled by third-party sources and Users will not hold PrivatePhoneDetective.com responsible for the accuracy of the data and/or information contained therein.
Use and Management of the Data
Compliance with Applicable Law. For all non-public data, Users acknowledge, understand and agree that the use and disclosure of the data may be restricted by law, including, but not limited to, the Fair Credit Reporting Act (15 USC §§ 1861 et. Seq) (“FCRA”) and Gramm- Leach-Baily Act (Pub. Law No. 106-102, November 12, 1999, and the correlated Federal Trade Commission Regulations, 16 CFR Part 313, May 24, 2000) (“GLBA”), and any amendments thereto, regulations promulgated thereunder, or legislation enacted to add to or supplant any of the foregoing, including, but not limited to, legislation of any federal, state, provincial or local government authority, or any agency, department, bureau, division or other unit of any of the foregoing (“Jurisdiction”), which incorporates the FCRA and/or GLBA, in whole or in part, or any similar legislation of any Jurisdiction based upon or modeled, in whole or in part, on the FCRA and/or GLBA. Users must not use, publish or otherwise disclose, or authorize or permit others to use, publish or otherwise disclose, any data for any purpose or in any manner that violates federal, state or local law, rule or regulation, including, but not limited to, the FCRA, GLBA and any rules or regulations promulgated there under from time-to-time, as well as any other laws regarding access to, use or disclosure of data or any similar data, or any applicable privacy, data collections or consumer protection laws (collectively hereinafter referred to as “Applicable Laws”). User is responsible for understanding, staying current and complying with all Applicable Laws.
Restricted Uses for Non-Public Data:
Compliance with Applicable Law. For all non-public data, Users acknowledge, understand and agree that the use and disclosure of the data may be restricted by law, including, but not limited to, the Fair Credit Reporting Act (15 USC §§ 1861 et. Seq) (“FCRA”) and Gramm- Leach-Baily Act (Pub. Law No. 106-102, November 12, 1999, and the correlated Federal Trade Commission Regulations, 16 CFR Part 313, May 24, 2000) (“GLBA”), and any amendments thereto, regulations promulgated thereunder, or legislation enacted to add to or supplant any of the foregoing, including, but not limited to, legislation of any federal, state, provincial or local government authority, or any agency, department, bureau, division or other unit of any of the foregoing (“Jurisdiction”), which incorporates the FCRA and/or GLBA, in whole or in part, or any similar legislation of any Jurisdiction based upon or modeled, in whole or in part, on the FCRA and/or GLBA. Users must not use, publish or otherwise disclose, or authorize or permit others to use, publish or otherwise disclose, any data for any purpose or in any manner that violates federal, state or local law, rule or regulation, including, but not limited to, the FCRA, GLBA and any rules or regulations promulgated there under from time-to-time, as well as any other laws regarding access to, use or disclosure of data or any similar data, or any applicable privacy, data collections or consumer protection laws (collectively hereinafter referred to as “Applicable Laws”). User is responsible for understanding, staying current and complying with all Applicable Laws.
Representations and Warranties
Disclaimer of Warranty. PrivatePhoneDetective.com shall exercise commercially
reasonable efforts to provide Users with accurate and reliable information. However,
Users recognize, understand and agree that PRIVATEPHONEDETECTIVE.COM IS PROVIDED
“AS IS” WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, ARK VENTURES,
LLC, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND DOES NOT GUARANTEE OR WARRANT
THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE INFORMATION OR SERVICES PROVIDED HEREUNDER AND, EXCEPT IN INSTANCES
OF PRIVATEPHONEDETECTIVE.COM’S WILLFUL MISCONDUCT, RELEASES PRIVATEPHONEDETECTIVE.COM,
ITS EXECUTIVES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS,
LICENSORS AND CORPORATE AFILLIATES (“AFFILIATED PERSONS AND ENTITIES”)
FROM ANY CLAIM, INJURY, DAMAGE, LOSS OR EXPENSE, EVEN IF DUE TO NEGLIGENCE, SUFFERED
DIRECTLY OR INDIRECTLY BY USER BASED UPON PRIVATEPHONEDETECTIVE.COM PROCURING, COMPILING,
INTERPRETING, PROCESSING, REPORTING, OR TRANSMITTING DATA.
No Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
AGREEMENT; INCLUDING ANY AND ALL FUTURE AMENDMENTS, NEITHER PRIVATEPHONEDETECTIVE.COM,
NOR ANY OF ITS AFFILIATED PERSONS AND ENTITIES, WILL BE RESPONSIBLE FOR CONSEQUENTIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS.
Limitation of Liability
Users exclusive remedy with respect to any dispute with ARK Ventures, LLC is to cancel your membership and discontinue your use of PrivatePhoneDetective.com. ARK Ventures, LLC and its vendors and licensors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from Users use of PrivatePhoneDetective.com or for any other claim related in any way to Users use of PrivatePhoneDetective.com. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if ARK Ventures, LLC had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ARK Ventures, LLC and its vendors’ or licensors’ liability shall be limited to the extent permitted by law.
Indemnification
By using PrivatePhoneDetective.com, Users agree to indemnify and hold ARK Ventures, Inc., its executives, directors, officers, employees, affiliates, agents, contractors, licensors, and subsidiaries harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) Users use of PrivatePhoneDetective.com; (ii) Users use of PrivatePhoneDetective.com for unlawful or unauthorized purposes; and/or (iii) User’s breach of these Terms and Conditions or User’s violation of any law or the rights of a third party.
Additional Legal Terms
These Terms of Use, User’s rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and the State of California. Moreover, any dispute arising out of or related to the use of PrivatePhoneDetective.com or these binding Terms and Conditions, including the breach or validity hereof, shall be fully and finally resolved by binding arbitration in accordance with the Commercial Rules of Arbitration of the American Arbitration Association by a sole arbitrator. The place of the arbitration shall be Los Angeles County, California. The arbitrator shall award to the prevailing party all its costs of arbitration, including arbitration fees, arbitrator fees, travel expenses, costs of discovery, and reasonable attorney fees incurred. If any provision in these Terms & Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Conditions are the entire and final agreement between Users and ARK Ventures, LLC regarding the use of PrivatePhoneDetective.com.
