NET DETECTIVE TERMS OF USE
The NET DETECTIVE service found at NetDetective.net and HDPublishing.com (collectively the
“Site”), including Net Detective, our standard service, and Net Detective Plus
and Law Enforcement Edition, our premium service, are vehicles for individuals
to conduct public records and information searches throughout the United States
(individually and collectively, “Net Detective” or “Service”). Net Detective
and the Site are owned and managed by HD Publishing Group (“HD Publishing
Group”, “Net Detective” “we” or “us”).
This is a legal agreement (“Agreement”) between
you and HD Publishing Group. Please read the Agreement carefully before
registering for the Service. By registering for Net Detective you become a
licensed member of the Service (a "Member" or “you”), and you agree to
be bound by the terms and conditions of this Agreement (the "Terms")
for as long as you continue to be a Member. If you do not agree to the terms,
please do not register for the Service. You must be 18 years or older to
purchase and use the Services. By accessing the Site you are certifying that
you are at least 18 years or age. Use of the Site and the Services are void where prohibited.
Modification
of Terms: You should periodically review these Terms as Net
Detective may revise them from time to time as may be appropriate. Your use of
this Site and the Service signify your complete acceptance of these
Terms. Net Detective will provide notice of changes to the Terms by
posting the new Terms on the Site. All such changes in the Terms shall be effective
from the Effective Date set forth below when it is posted on the Site. Should
you object to any term or condition of these Terms, any guidelines or any
subsequent modifications thereto or become dissatisfied with the Site or the
Service in any way, your only recourse is to immediately discontinue use of the
Site and the Services.
Termination
of Membership: Either party may terminate membership for any
reason. You may terminate your membership at anytime by cancelling your
membership. HD Publishing Group may suspend or terminate your membership and
access to the Site and the Service, without notice upon any breach of this
agreement by you or for any other reason.
Use of
Service: Your membership in the service is for your sole, personal use
and enjoyment. You may not authorize others to use your membership, and you may
not assign or otherwise transfer your account to any other person or entity.
Utilizing information obtained from the Site for anything other than your own
personal use is done solely at the risk of the member. No representations,
neither express nor implied, or made as to the validity of any data provided.
While HD Publishing Group has made every effort to supply you with current and
valid data; there can be no guarantee as to any specific piece of data obtained
by members. Our Service searches and
gathers compilations of criminal and other records that are on public
record. We do not make any representations that information available on
public records is accurate. In addition, searches can be conducted with a
number of variables and therefore we do not control the accuracy of any search
conducted. You will use the Service in a manner consistent with any and all
applicable laws and regulations. You will not use the information obtained from
this Site or Service to harass, stalk, or otherwise contact in any unlawful
manner any person whose information you obtained from this Site or Service. You
further agree not to provide any information obtained from this Site or Service
to any third party.
Disclaimer
of Warranties: HD
Publishing Group is providing information on this Site for informational
purposes only. HD PUBLISHING GROUP MAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS CONTAINED ON
THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. HD PUBLISHING GROUP DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE FULLEST EXTENT PERMITTED
BY LAW. IN STATES THAT DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE
FOREGOING WILL NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS
AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. To the
fullest extent permitted by law, hd publishing group disclaims any warranties
for the security, reliability timeliness, accuracy and performance of the site
and the Service, for other services or goods received through or advertised on
the site or the Service or accessed through any links on the site, and/or any
warranties for viruses or other harmful components in connection with the Site
or the Service. HD Publishing Group does not make any representation that
the information accessed from the Site is accurate since the Service searches
and gathers information from other sources, including public records that may
not be accurate or complete. In addition HD Publishing Group does not control
the accuracy of the searches conducted nor the data provided.
In
providing this Service HD PUBLISHING GROUP is not rendering legal, private
investigation or other professional services. If legal, investigative or other
expert assistance is required, the services of a competent professional should
be sought. Any data derived from the Service should be independently
verified at the originating agency source prior to relying on same and should
not to be used for any purpose described under the Fair Credit Reporting Act.
All searches are subject to applicable law and are void where prohibited.
Third
Party Sites: Throughout this Site, hyperlinks to other web based
sites are provided for all Members’ convenience. Such external web sites
contain information created, published, maintained, or otherwise posted by
institutions or organizations independent of HD Publishing Group. HD Publishing
Group does not endorse, approve, certify, or control these external Web sites
and does not guarantee the accuracy, completeness, efficacy, or timeliness of
information located at such web sites. HD Publishing Group assumes no liability
for the accuracy, or availability of any information on these web sites or for
any fees charged by such sites. Use of any information obtained from such web
sites is voluntary on the part of the member, and reliance on such information
should only be undertaken at Member's own risk. Reference therein to any
specific commercial product, process or service does not constitute or imply
endorsement, recommendation or favoring by HD Publishing Group.
Limitation
of Liability: IN NO EVENT SHALL HD PUBLISHING GROUP (OR ITS
SUBSIDIARIES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY
OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS SERVICES AND
RELATED MATERIALS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS SITE, OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, RELIANCE BY ANY
USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS,
INTERRUPTIONS OR DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES
whether the damages arise from use or misuse of the site or the Service, from
the inability to use the site or the Service, or the interruption, suspension,
modification, alteration, or termination of the site or the Service, such
limitation shall also apply with respect to damages incurred by reason of other
services or products received through or advertised in connection with the site
or the Service or any links on the site, as well as by reason of any
information or advice received through or advertised in connection with the
site or the Service or any links on the site, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HD PUBLISHING GROUP HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. IN STATES THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, ANY
LIABILITY OF HD PUBLISHING GROUP AND ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO REPLACEMENT OF
MONIES PAID TO HD PUBLISHING GROUP. These limitations shall apply to the
fullest extent permitted by law.
Fees
for Service:
Standard Service License Fees: Net
Detective Service is available for a one-time license fee. HD Publishing Group
guarantees your satisfaction with its Standard Net Detective Service for a
period of 90 (ninety) days from the original date of purchase subject to
providing information to Net Detective pertaining to your reason for requesting
a refund. You agree that if you choose to request a refund of your membership
fee, you will do so by notifying the HD Publishing Group support group within
the specified time by phone at 386-736-3881 or via the HD Publishing Group
support group support@hdpublishing.com to request the refund request form (‘rrf”). That rrf form must be filled out
and sent back to Net Detective by mail addressed to HD Publishing Group, 1392
S. Woodland Blvd, Deland, Florida, 32720, Attn: Data Management Dept or by
scanned and emailed to support@hdpublishing.com in order to receive the refund of your membership fee. Upon receipt a
refund will be issued.
Premium Service License Fees: Net
Detective Plus and Law Enforcement Edition is our premium Service. You acknowledge and agree that
you will be charged a monthly service charge for that premium Service. One
month is agreed by each member to be a 30-day period. 30 days following the
date you joined, an amount equal to the monthly service charge in effect at the
date you joined will be charged to the credit card on file for the Member. You can cancel your premium Net Detective
Service at any point during a monthly period to avoid subsequent monthly
subscription fees being billed. Under no circumstance will subscription charges
be refunded, regardless of the amount of time left on the Member's monthly term.
You agree that if and when you choose to cancel your premium membership, you
will do so by calling the HD Publishing Group customer support department as
detailed at http://support.netdetectiveplus.com/.
There is no charge applied by HD Publishing Group for cancellation. Because of
the unlimited user access granted to you during the period of subscription, all
monthly charges made via the system are NON-REFUNDABLE.
Free or Introductory Promotional Offers:
If you have joined under a SPECIAL INTRODUCTORY TRIAL OFFER (for example, first
three days for $9.95 or a thirty day free trial), you hereby acknowledge that a
credit card charge reflecting the monthly fee will occur beginning at 6 p.m.
Eastern Standard Time ("EST") on the day the trial period is
completed. You may cancel a premium Service at any time but once a charge is
made for the monthly service fee, no refunds will be granted unless you have
already cancelled your subscription via phone prior to 6 p.m. EST on the day
the trial period ends. In order to receive any refund for a charge made after
you have cancelled you must provide proof of cancellation. Such proof
will be limited to the automated confirmation email from HD Publishing Group
showing the date and time of said cancellation. Said cancellation must have
occurred prior to the end of the trial period. Said trial period is calculated
to include as a full day the day you started your introductory trial period,
regardless of the amount of time actually remaining in that day. For example, a
member joining under a 3-day trial period on Thursday evening will be charged a
monthly subscription charge on Saturday at 6:00 p.m. EST
Limitation on Re-activation: You agree
that there is 1 (one) introductory or trial offer for use per
member/computer/email address and/or member's immediate household. You further
agree that if and when you choose to re-activate and continue your
subscription, your account will re-activate at the regular monthly charge. Use
of multiple introductory or trial offers by you will be considered breach of
this agreement and remedy may include application by HD Publishing Group of one
regular pro-rata monthly membership charge for each additional introductory or
trial period utilized by you after the first, even if each subsequent
membership trial is cancelled within the said trial period. You agree to pay
any and all such additional monthly membership charges.
Indemnity
by Member: You agree to indemnify and hold HD Publishing Group,
its officers, subsidiaries, affiliates, successors, assigns, directors, agents,
service providers, suppliers and employees harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of materials you submit, post or make available through the
Service, your use of the Site or Service, your violation of the Terms, your
breach of any of the representations and warranties herein, or your violation
of any rights of another person or entity.
Online
Content: HD Publishing Group does not guarantee the accuracy,
completeness, or usefulness of any information on the service and neither
adopts nor endorses nor is responsible for the accuracy or reliability of any
opinion, advice or statement made. Under no circumstances will HD Publishing
Group be responsible for any loss or damage resulting from anyone's reliance on
information or other content posted on the Site or Service, or transmitted to
members. You understand that all material transmitted through, or linked from
the Site or Service is the sole responsibility of the person or entity from
whom such material originated. Furthermore, the Site, Service and material
available through the Service may contain links to other web sites, which are
completely independent of Net Detective. Those links do not imply any
endorsement by HD Publishing Group and HD Publishing Group makes no
representation or warranty as to the accuracy, completeness or authenticity of
the information contained in any such site. Your linking to any other web sites
is at your own risk.
Proprietary
Rights: You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service. We
retain full copyright ownership, rights and protection in all material
contained on the site (including all software, HTML code and other code). None
of the material contained in the Site may be reverse-engineered, disassembled,
decompiled, transcribed, resold or redistributed without our specific prior
written consent in each instance. The use of material, including, without
limitation, logos, text, graphics and other copyrightable materials on the Site
are limited to one copy for personal, non-commercial viewing and use only. Some
material are copyrighted by third parties and users may not modify, copy,
distribute, transmit, display or otherwise provide any content without the
prior written consent of HD Publishing Group. You acknowledge that you do not
acquire any ownership rights by downloading copyrighted material. Without
limiting the generality of the foregoing, you agree that any text, photo,
graphic, audio, and/or video on the Site shall not be broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly in any media
nor stored in a computer except for personal and non-commercial use. All
content of the Site is owned by HD Publishing Group. All rights are reserved.
Net Detective, Net Detective Plus, Law
Enforcement Edition and our logo(s) are trademarks of ours and are protected by
state and federal laws. Other logos, and trademarks and service marks depicted
on this site are the property of their respective owners. Your unauthorized use
of trademarks appearing on the Site may constitute a violation of law, which
could subject you to substantial civil penalties.
Privacy: This Site is governed by the terms and conditions set forth in our Privacy
Policy: http://www.hdpublishinggroup.com/ndprivacy.html
Disputes: To resolve a complaint regarding the this agreement, the Site or the
Service (“Dispute”), you hereby agree to first contact Customer Support via
phone or support form found at http://support.netdetectiveplus.com/ and to work
in good faith towards a successful resolution of your Dispute for a period of
up to thirty (30) days prior to initiating any further legal remedies which
might be available to you by law. Should the Dispute not be satisfactorily
resolved within sixty (60) days following an emailing of said complaint, the
Dispute shall be referred to final, binding arbitration by a single neutral
arbitrator appointed in accordance with the Commercial Arbitration Rules of the
American Arbitration Association. The venue for arbitration shall be Volusia
County, Florida. The arbitrator shall apply the substantive law of the
State of Florida, without giving effect to the conflicts of laws provisions
thereof, and shall have the power to interpret such substantive Florida law to
the extent it is unclear. The parties surrender and waive the right to submit
any dispute to a court or jury, or to appeal to a higher court. The arbitrator
shall not have the power to award punitive, consequential, indirect, or special
damages. You hereby waive any right you might have to resolve any Dispute on a
class action basis or on bases involving claims brought in a purported
representative capacity on behalf of the general public or other persons
similarly situated. Any cause of action you may have with respect to HD
Publishing Group, the Site or the Services must be commenced within one year
after the claim or cause of action arises or such claim or cause of action
shall be barred.
General
Information: The Terms and NetDetective.net’s Privacy
Policy constitute the entire agreement between you and HD Publishing Group and
govern your use of the Site and Service, superseding any prior agreements
between you and HD Publishing Group. Headings in the Terms are for convenience
of reference only and shall not affect the interpretation or construction of
this agreement.
Termination: You agree that we may terminate, modify, discontinue or abandon the Site
with or without notice to you and that we will not be liable to you or any
third party as a result of such termination, modification, discontinuance or
abandonment. If this agreement is terminated for any reason, the provisions
titled Proprietary Rights, Disclaimer of Warranties, Limitations of Liability,
Indemnity and General Information shall survive any such termination.
Effective
Date: July 30, 2009
HD PUBLISHING GROUP Copyright 2009. All rights
reserved.