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Terms of Use

Spokeo, Inc. (“Spokeo”) provides the website Spokeo.com to you (“You” or “Your”) subject to these terms (“Terms”) and subject to Spokeo’s other policies, including our Payment Policy and Privacy Policy, incorporated herein by reference.

You accept these Terms by accessing or using Spokeo.com in any manner, even if You do not create an Account with Spokeo.com.  You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement.  If You are using Spokeo.com on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

Spokeo may change these Terms at any time. The most current version of these Terms can be accessed at http://spokeo.com/blog/terms. By continuing to access or use Spokeo.com, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE SPOKEO.COM

1.    Accounts and Logins

a)    You represent and warrant that all information You provide in connection with the creation of an account with Spokeo.com (“Account”) is accurate and true.  You agree that, if any Account information changes, You will update Your Account to maintain accurate information.

b)    In connection with Your creation of an Account, You will create a Login and Password.  You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person.  You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.

c)    If You believe that a third-party has gained access to Your Account, You agree to notify Spokeo by sending an email to legal@spokeo.com.   Spokeo reserves the right to terminate Your Account at any time for any reason.  If Your Account is terminated Spokeo has no obligation to retain any data associated with Your Account.

d)    Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.

e)    To cancel Your Account at any time for any reason, You may do so through the Account Modification page at http://www.spokeo.com/user/update_subscription.

2.    License to Use Spokeo.com

a)    Spokeo grants You a personal, non-exclusive, non-transferable, limited and revocable license to use Spokeo.com subject to the Terms. You may use Spokeo.com and information acquired from Spokeo.com for Your own personal, non-commercial, lawful purposes. You may not use Spokeo.com in a manner that exceeds the rights granted for Your use.

b)    Other than connecting to Spokeo.com by http request using a web browser, You may not attempt to access Spokeo’s servers or Spokeo.com by any means.  In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Spokeo’s servers or Spokeo.com.  You may not use Spokeo.com to compile data or images for use by any commercial entity.

c)    You agree not to disrupt, modify or interfere with Spokeo.com, or its associated software, hardware, and servers in any way.  You agree not to impede or interfere with others’ use of Spokeo.com. You further agree not to alter or tamper with any information or materials on or associated with Spokeo.com.

d)    You may not use Spokeo.com or any information acquired from Spokeo.com:

i)    to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access Spokeo.com;

ii)    for any commercial purpose including use in connection with marketing or sales activities;

iii)    to send any type of spam, junk mail, or unsolicited communications;

iv)    to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);

v)    in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.

3.    Assignments

a)    Spokeo may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4.    Information Available Through Spokeo.com

a)    Spokeo aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”).  This Public Information may be made available to users through the Spokeo.com people search.

b)    Spokeo does not verify this Public Information.  Spokeo does not evaluate each piece of information provided and makes no guarantees to Spokeo users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated.  As a user of Spokeo.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided.  Further, You agree to rely on the information available through Spokeo.com at Your own risk.

c)    To request that Public Information about You be removed from Spokeo.com people searches, please use our Remove A Listing tool athttp://www.spokeo.com/privacy.  This tool is only intended to remove information available through Spokeo.com and cannot remove the information from the third-party public sources, such as phone books.

5.    Syndication Tool

a)    The Spokeo syndication tool permits You to aggregate private content from third-party social networks and websites all in one place.  This tool requires You to provide Your login credentials for each third-party social network or website You would like to access through the tool.

b)    By providing Your login credentials to Spokeo, You expressly request and authorize the Spokeo syndication tool to automatically login to these third-party social networks and websites as Your agent, for the purpose of aggregating content which You are authorized to access.

c)    The Spokeo syndication tool stores aggregated content solely for the purpose of presenting it to You, the user who has provided the third-party login credentials.  This content will not be stored or used for any other purpose and will be deleted within a reasonable period of time following the termination of Your use of the syndication tool.

d)    You agree to defend, indemnify, and hold Spokeo, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from Your use of the Spokeo syndication tool.

6.    Privacy Policy

a)    Spokeo maintains a Privacy Policy describing its collection, retention, and use of information about users of Spokeo.com.  This policy can be accessed athttp://spokeo.com/blog/privacy, and is incorporated herein by reference.

7.    Payment Policy

a)    Spokeo maintains a Payment Policy regarding all payments made to Spokeo in connection with premium subscriptions. This policy can be accessed athttp://spokeo.com/blog/payments, and is incorporated herein by reference.

8.    Links to Other Websites

a)    You may find links to other Internet sites or resources on Spokeo.com that offer content, goods, or services. You acknowledge and agree that Spokeo has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

9.    Spokeo’s Intellectual Property

a)    Spokeo is the exclusive owner of trademark rights in the SPOKEO mark,  copyright in the software used through Spokeo.com, copyright in the Spokeo.com screen displays, and all other rights in the Spokeo.com website and technology under U.S. and international intellectual property laws.

b)    Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

c)    Except as expressly authorized by Spokeo, You agree not to use Spokeo’s trademark or any mark confusingly similar to the SPOKEO mark.  You agree not to reproduce, distribute, display or create derivative works of any part of Spokeo.com or any information presented to You through Spokeo.com, in whole or in part.  This prohibition includes unauthorized copying or distribution of any of the content displayed or used on Spokeo.com, framing content from Spokeo.com, or creating any unauthorized derivative work.

d)    Spokeo uses third-party trademarks on Spokeo.com to identify the owners of those marks.  Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Spokeo.com.

e)    Spokeo Photos provides access to proprietary images owned by third parties and made available through a license to Spokeo.  These images are protected by copyright law and are the intellectual property of the individual or company identified in each photo attribution.  You agree not to use any automated tools to access or download these images and agree not to use or distribute these images for any commercial purpose.  Spokeo’s licenses with these third party owners do not authorize Spokeo to provide You with any license to the photos.  If You are interested in purchasing a license to any image available through Spokeo Photos You should contact the copyright owner directly.  To contact ImageCollect click this link: http://imagecollect.com/contact-us.

10.    Submission of Confidential Information and Ideas

a)    From time to time users submit ideas to Spokeo for improving Spokeo.com either by email or in the course of a customer service interaction.   Spokeo has no obligation to treat this material as confidential information.  To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Spokeo.

11.    Intellectual Property Claims

a)    If You believe that Your copyright has been infringed in any way by Spokeo.com, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii)    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

iii)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv)    Information reasonably sufficient to permit Spokeo to contact You, such as an address, telephone number and e-mail address;

v)    A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi)    A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b)     The Designated Agent for Spokeo.com is:

Spokeo, Inc.

Attn: DMCA Designated Agent

556 S. Fair Oaks Ave.

Suite # 101-179

Pasadena, CA 91105

Or fax to: (626) 467-4379, Attn: DMCA Designated Agent

c)    If You believe that Your other intellectual property rights have been infringed in any way by Spokeo.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to legal@spokeo.com. Spokeo’s receiving, investigating, or responding to Your e-mail shall not constitute Spokeo’s agreement or verification of Your claim(s) nor any admission of liability therefor. Spokeo makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

12.    Notification

a)    Any notices to be given to Spokeo under these Terms shall be made in writing to legal@spokeo.com or to the following address:

Spokeo, Inc.

556 S. Fair Oaks Ave.

Suite # 101-179

Pasadena, CA 91105

b)    You agree that Spokeo can send You electronic notices to the e-mail address that You provided to Spokeo in creating Your Account or by displaying the notice on Spokeo.com. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

13.    Warranty

a)    YOU USE SPOKEO.COM AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM SPOKEO.COM, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF SPOKEO HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, SPOKEO PROVIDES SPOKEO.COM, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND SPOKEO SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

b)    NO INFORMATION OR ADVICE PROVIDED ON SPOKEO.COM, BY SPOKEO, OR BY SPOKEO’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

c)    SPOKEO MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i)    AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF SPOKEO.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii)    THAT SPOKEO.COM WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

iii)    THAT SPOKEO.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

iv)    AS TO THE QUALITY OR VALUE OF ANY OF SPOKEO’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR

v)    THAT ANY ERRORS ON SPOKEO.COM WILL BE CORRECTED.

14.    Limitation of Liability

a)    To the extent permitted by law, Spokeo shall have no liability, relating to Your use of (or connection to) Spokeo.com, for:

i)    consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

ii)    for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

b)    Spokeo reserves the right, at any time, in Spokeo’s sole and exclusive discretion, to amend, modify, suspend, or terminate Spokeo.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice.  Spokeo shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

15.    Indemnification

a)    You agree to defend, indemnify, and hold Spokeo, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of Spokeo.com.

b)    Spokeo reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Spokeo.  You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Spokeo.

16.    Choice of Law

a)    The law of the State of California governs this contract and any claim or dispute that You may have against us, without regard to its conflict of laws rules.

b)    The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

17.  Binding Arbitration and Class Waiver

a) Any controversy or claim arising out of or related to Your use of Spokeo.com or these Terms or the violation thereof (“Claim”), shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This agreement to arbitrate applies to all Claims now in existence or that may arise in the future.  This agreement to arbitrate is made pursuant to Your use of the Spokeo.com which constitutes a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

b) If You commence arbitration, You must provide Spokeo the notice required by the American Arbitration Association rules and procedures. The notice may be sent to us at 556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA 91105.  If Spokeo commences arbitration, we will provide You notice at your last known address.   Any arbitration hearing at which You appear will take place at a location within the federal judicial district that includes Your permanent address at the time the Claim is filed.

c) Spokeo will pay, or reimburse You for, all fees or costs to the extent required by the rules of the American Arbitration Association.  Whether or not required by such rules, if You prevail at arbitration on any Claim against us, Spokeo will reimburse You for any fees paid to the American Arbitration Association in connection with the arbitration proceedings.  If You are required to advance any fees or costs to the American Arbitration Association, but You ask Spokeo to do so in your stead, Spokeo will consider and respond to Your request.

d) Claims made and remedies sought as part of a class action, private attorney general or other representative action (hereafter all included in the term “class action”) are subject to arbitration on an individual basis, not on a class or representative basis.  No class actions joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both You and us.

e) In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court located in  Los Angeles County, California, USA, rather than in arbitration.

ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR SPOKEO WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT.  IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS.  IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.

18.    Entire Agreement

a)    These Terms and any Spokeo policies posted on Spokeo.com constitute the entire contract between You and Spokeo and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Last Updated: December 6, 2011

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