Acceptance of Terms of Service
1. Basic Terms
- By using our Services, you represent, warrant, acknowledge and agree that you are at least 18 years of age, that your access to, and use of, the Services does not violate applicable laws, that all information your provide in connection with registering for and using SafeCaller is accurate and true and that you agree with all the terms of these Service Terms. If you do not agree to these Service Terms, you must not enroll or register for any of the Services or otherwise use the Services. SafeCaller reserves the right to deny, in its sole discretion, any User access to the SafeCaller Applications or Services without notice for any or no reason.
- By accessing our Services you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
- You are entirely responsible for maintaining the confidentiality of your password and account for any Services you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SafeCaller immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide proper documented evidence as reasonably requested by SafeCaller). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by SafeCaller or another party due to someone else using your account or password.
2. License to Use the Services
- We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use our Services subject to the Terms. You may use our Services and information acquired from our Services for either personal or commercial purposes, provided that such commercial use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and at all times personal or commercial usage must be for lawful purposes. You may not use Spokeo.com in a manner that exceeds the rights granted for your use.
- You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Services, in any medium, without Safecaller’s prior written consent, or (ii) alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute content from Services or to manipulate the Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Safecaller server or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by Safecaller. You may not use information obtained from the Services to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.
- Safecaller IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES 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, THESE TERMS AND CONDITIONS.
- You may not use any information obtained from our Service 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
- Benefits, privileges or services provided by any business establishment
3. Information Available
Safecaller provides a database of public records and publicly available sources of information aggregated for your convenience. The Safecaller searches are provided for informational purposes only. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, Safecaller shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the Services. Safecaller 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 Safecaller searches. Safecaller also reserves the right to delete any information from its databases at any time. You acknowledge that the Services are provided “as is.” You are paying for us to conduct a search on your behalf, not to return any particular result. Information is often obtained by third parties and the accuracy of the information cannot be guaranteed. Users should use extreme caution when interpreting search results. Therefore, we urge you to independently verify any information you gather from our Services as a possibility exists that our search results could be inaccurate.
4. Links to Third Party Services
5. Intellectual property
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to our Services including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
- Your use of our Services is at your own risk. We have not verified or authenticated the Services in whole or in part and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the information contained on the Services. We have no liability for any errors or omissions in the Services, whether provided by us, our licensors or suppliers or other users.
- YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Safecaller MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Safecaller DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS.
- NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, Safecaller DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES.
- ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE SERVICES, OR OBTAINED FROM A WEBSITE TO WHICH THE SERVICES ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Safecaller DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SERVICES OR A LINKED WEBSITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL Safecaller BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED WEBSITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR A LINKED WEBSITE.
7. Limitations of Liability
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, Safecaller AND OUR AFFILIATES OR THEIR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE SERVICE TERMS IS LIMITED TO THE LESSER OF (i) FIFTY U.S. DOLLARS ($50) OR (ii) THE AMOUNTS PAID TO US FOR THE SERVICES THAT ARE THE BASIS OF THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM. 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.
- When using the Services, you may accumulate content in your account that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in our sole discretion with or without notice and with no liability of any kind. Safecaller DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON Safecaller’S SERVERS.
You understand that you are personally responsible for your behavior while on our Services or using the Services and agree to indemnify and hold Safecaller, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Services or your violation of either these Terms, applicable law or the rights of any third party.
9. Assignment, Waiver and Severability
- Safecaller’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
- You may not assign any of your rights under these Terms, and any such attempt will be void. Safecaller may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
10. Controlling Law
- These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming without application of conflict of laws rules.
- We control and operate our Services from our headquarters in the United States of America and the Services may not be appropriate or available for use in other locations. If you use our Services outside the United States of America, you are responsible for following applicable local laws. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. Dispute Resolution
Before filing a claim against Safecaller, you agree to try to resolve the dispute informally by sending a notice of dispute via E-mail: email@example.com Subject Line: “Attn: General Counsel”. The notice must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If a dispute is not resolved within 60 days of after we receive your notice, either you or we may bring a formal arbitration proceeding with the American Arbitration Association (“AAA”).
12. Agreement to Arbitrate
- Please read the following sections carefully, as they affect your rights. You and Safecaller agree to resolve any claims relating to these Terms or the Services through final and binding arbitration. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
- Costs of Arbitration. Safecaller will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the AAA Rules. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at $300 or less (both to you and us), Safecaller will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Safecaller will pay all such fees in excess of $20. After Safecaller receives notice at the email address above that you have commenced such an arbitration, Safecaller shall promptly reimburse you for any portion of the filing fee you have paid that Safecaller has agreed to pay.
- If the arbitrator determines 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 for the in Federal Rule of Civil Procedure 11(b)), then: the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules and you agree to reimburse us for any amount we have paid on your behalf to the AAA. Safecaller shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
- Arbitration Procedures. You agree that one arbitrator from the AAA will arbitrate the dispute under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by this arbitration provision. The award of the arbitrator shall be accompanied by a reasoned opinion. The arbitration will be held in the United States county where you live or work, or any other location that we mutually agree to.
- No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.
- Judicial Forum. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and Safecaller agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Laramie County (WY). Both you and Safecaller consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.
- Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if Safecaller makes any future change to this arbitration provision (other than a change to the notice email address above, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
13. Entire Agreement
- The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. We prefer to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by us, may result in immediate termination of your access to our Services without prior notice to you. We reserve the right to terminate or modify the Services, as well as your access to the Services at any time, without prior notice.