The following definitions apply to these Terms and Conditions:
Accuracy of Content. While Identity Finder makes reasonable efforts to ensure that information on the Website is accurate, we cannot ensure 100% accuracy at all times. To the fullest extent permitted by law, Identity Finder expressly disclaims any and all liability arising from reliance on the accuracy or inaccuracy of information posted on the Website. Identity Finder encourages you to investigate and confirm the information on your Personal Privacy Report and other information on this website, before acting upon it. The information given by this website is presented "AS-IS," without any warranty as to its accuracy or fitness for a particular purpose. Nothing on this website shall be construed as legal advice, or as an endorsement by any third party, unless otherwise explicitly stated. If you require legal advice, please seek the advice of legal counsel experienced in this subject area, and licensed in your jurisdiction. We make no representations or warrantees with respect to Submissions.
Links to Third Parties. Identity Finder will link to third party websites from time to time. Identity Finder is not responsible for the content of any third party websites or any other websites linked to or from the Website. Links appearing on the Website, including advertisements, are for convenience only and shall not constitute an endorsement by Identity Finder, our affiliates, or our partners of the referenced content, product, service, or supplier unless specifically stated. You may visit links to third party websites in accordance with this policy, and only at your own risk. Identity Finder is in no way responsible for examining or evaluating, and does not warrant the offerings of, third party website pages or any other websites linked to or from the Website, and expressly disclaims all responsibility and liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third party websites that you visit. You assume full responsibility for your use of third-party websites or services. Identity Finder shall not be a party to any contract you between you and any third party.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IDENTITY FINDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. You represent and warrants that you shall perform your obligations in a manner that complies with the applicable federal, state, and local laws, regulations, ordinances, and codes.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, Identity Finder expressly disclaims any and all such other warranties and duties, including but not limited to the obligation to maintain the Service or keep the Website operational. Further, we cannot insure against all unforeseen glitches, security flaws, potential hackers and others who would engage in computer crimes. Further, unscrupulous individuals could theoretically redirect you to an unauthorized website. If you have any doubt as to the authenticity of the website, you should not use the Services. Instead, please contact us immediately.
A party seeking indemnification hereunder (the “Indemnitee”) shall promptly notify the other party (the “Indemnitor”) upon knowledge of the likelihood of any action or proceeding, and on receipt of notice of the commencement or threatened commencement of any action or proceeding, that may be subject to indemnification hereunder. The Indemnitor shall have sole control over the defense and settlement of such claim, provided that the Indemnitee (a) shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) shall reasonably cooperate with Indemnitor in the defense or settlement of such claim.
To the maximum extent permitted by law, Identity Finder disclaims liability for any loss or damages, whether direct, indirect, special, incidental, or consequential (even if Identity Finder has been advised of the possibility of such damages) arising out of (i) your use of the Identity Finder Website and Services or your inability to do so, (ii) your reliance on any content provided on the Service or through the Services provided thereunder, (iii) goods and services in any way associated with this Service, (iv) unexpected or adverse tax consequences as a result of using the Services, and/or (v) damages caused by malicious hackers or crackers.
Except for an action exclusively seeking injunctive relief, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, and be conducted in the English language. The arbitrator shall award any and all reasonable expenses including arbitration filing fees, attorney fees, expert fees, the arbitrator’s fees, and any and all fees related to the arbitration, to the prevailing party. For matters of less than $1,000,000.00 USD in value, there shall be one neutral arbitrator either agreed upon by both parties or selected by the AAA. For all disputes in excess of $1,000,000.00 USD, there shall be three arbitrators, with each party selecting one neutral arbitrator, and the third arbitrator to be neutral and selected by the AAA. Notwithstanding the foregoing, the Parties may by agreement in writing, enter into non-binding mediation to resolve any controversy or claim relating to this Agreement within fourteen (14) calendar days of notice being served upon the alleged breaching party by the non-breaching party.
The award of the arbitrator with respect to such disagreement, claim or controversy shall be in writing with sufficient explanation to allow for such meaningful judicial review as permitted by law, and that such decision shall be enforceable in any court of competent jurisdiction and shall be binding on the parties hereto.
This Agreement shall be governed by the laws of the State of New York, excluding the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), without reference to the conflict of law provisions thereof. Any action brought seeking injunctive relief in regards to this Agreement shall be brought in the courts of the State of New York, United States of America, in the applicable state or federal court closest to Identity Finder's corporate address of record.
To the extent allowable by law, you agree that: (i) the Website and Services shall be deemed solely based in the State of New York; and (ii) the Website and Services shall not give rise to personal jurisdiction over Identity Finder, either specific or general, in jurisdictions other than New York.
Each of the parties irrevocably agrees and submits to the exclusive jurisdiction of the applicable court(s) listed in this Section for any action or proceeding arising out of or related to this Agreement.
The headings and titles used in this Agreement are for reference and convenience only and shall not enter into the interpretation hereof.