Terms & Conditions
You agree by checking the “I
agree” at the bottom of the registraion page that your use of the DataScout
Databases is governed by the following terms and conditions and any amendments
after this date:
1. Access to DataScout. Upon
registration, DataScout, LLC grants you a nontransferable, nonexclusive limited
license to access certain of our databases and the information contained in the
databases. DataScout reserves the right to revoke any or all licenses, access
and authorizations to the database.
2. General Restrictions. You
agree to use our information only for appropriate, legal purposes, and in
compliance with all applicable federal, state and local laws and regulations.
Information shall not be provided or resold to any other person or entity
without our prior written consent. All searches of our databases are tracked,
and (as noted below) you consent to such tracking and to the provision of all
information about your use of our databases to law enforcement and others as
may be useful to respond to allegations that our service or information has
been misused.
3. Misuse. In the event
that DataScout suspects that the DataScout databases or our information has
been misused, we will contact our suppliers and/or law enforcement agencies (as
appropriate) and will provide them with all data needed to conduct an
investigation. You consent to the provision of its information (including
search key data) for such investigative purposes. You further agree to fully
cooperate with all audits of our customers and our systems generally. DataScout
systems and services may not be electronically accessed by automated programs
or other data extraction systems without prior authorization. DataScout
reserves the right to cancel or not offer its service to any user that it deems
is inappropriately using its services.
4. Fees and Refund Policy.
Fees for use of DataScout are posted on the various search pages. You agree to
pay the fees associated with your use of the DataScout databases by utilizing
PayPal, subject to all its rules, terms and conditions. If you have questions
about our fees, please contact us before you complete any search. You are
responsible for (and must pay for) all use of our databases made by individuals
using your account. If you suspect that unauthorized use of your account is
taking place, you must notify us immediately. DataScout will use reasonable
efforts to deliver the information services to its customers, and to compile
information gathered from selected public records and other sources; provided,
however, customer accepts all information "AS IS" and “AS AVAILABLE”. All
purchases are final with no refunds. Furthermore, DataScout accesses and is
charged for information controlled by third parties and can not guarantee the
accuracy of the information.
5. Disclaimer Of Warranties.
The information included on the database has been compiled from public records
from a variety of sources, and is subject to change without notice.
DataScout makes no warranties or representations whatsoever, including and
express or implied warranties of merchantability or fitness for a particular
purpose, regarding the quality, content, completeness, accuracy or adequacy of
such information and data and any such warranties are hereby disclaimed.
Original records may differ from the information in the databases. Verification
of information with source documents is recommended. By using this application,
you assume all risks arising out of or associated with access to the databases,
including but not limited to, risks of damage to your computer, peripherals,
software and data from any virus, software, file or other cause associated with
access to this application. Datascout shall not be liable for any damages whatsoever
including any indirect, special, incidential or consequential damages, even if
advised of the possibility of such damages, arising out of any cause relating
to use of this application or the information in the database, including but
not limited to mistakes, omissions, deletions, errors, or defects in any
information contained in the database, or any failure to receive or any delay
in receiving information.
6. Indemnification. You
agree that you shall indemnify and hold harmless DataScout, its officers,
directors, employees and agents, and the entities that have contributed
information to or provided services for the Service, against any and all direct
or indirect losses, claims, demands, expenses (including attorneys' fees) or
liabilities of whatever nature or kind arising out of your use of our databases
and your use or distribution of any information obtained from the databases. We
will promptly notify you of any such claim.
7. Communication. DataScout’s
primary mode of communication with its customers is via email. All purchase
receipts, confirmation notices, and welcome messages are delivered through
electronic communications. DataScout may periodically communicate service and
other suitable updates with its customers via email.
8. Term. The term of this
Agreement shall begin on the day that you agree to these terms and shall
continue until terminated by either of us upon notice, which may be given by
email. The terms of sections 3, 5 and 7 shall survive termination.
Additionally, all of the restrictions on use of our information shall continue
to apply to information downloaded from DataScout until all copies of that
information are destroyed by you.
9. Third Party Advertisers.
We may use third-party advertising companies to serve ads on our behalf. These
companies may employ cookies and action tags (also known as single pixel gifs
or web beacons) to measure advertising effectiveness. Any information that
these third parties collect via cookies and action tags is completely
anonymous.
10. Other Terms. This
Agreement shall be governed by Arkansas
law. Failure by either of us to insist on the strict performance of any of the
terms and conditions of this Agreement in one or more cases shall not be
considered a waiver or relinquishment for the future of any such term or
condition or of any other term or condition. The terms and conditions set forth
here constitute our entire agreement, and any additional or different terms or
conditions set forth in any other document, including without limitation any
purchase order, shall be of no effect.
11.
Copyright. All
content included on this site, such as text, graphics, logos, button icons,
images, audio clips, video clips, digital downloads, data compilations, and
software, is the property of DataScout or its content suppliers and protected
by
United States
and international copyright laws. The compilation of all content on this site
is the exclusive property of DataScout and protected by
U.S.
and international copyright laws. All software used on this site is the
property of DataScout or its software suppliers and protected by
United States
and international copyright laws.
12.Disputes.Any
dispute relating in any way to your visit to DataScout shall be submitted to
confidential arbitration in Little Rock, Arkansas, except that, to the extent
you have in any manner violated or threatened to violate DataScout’s
intellectual property rights, DataScout may seek injunctive or other
appropriate relief in any state or federal court in the state of Arkansas, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this Agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator’s award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.