Eligibility; Accounts and Registration.
You must be at least 18 years of age to use the GIK Applications. By agreeing to the Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the GIK Applications; and (c) your use of the GIK Applications is in compliance with all applicable laws and regulations, including the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) (the “FCRA”). To access some features of the GIK Applications, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up to date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a written agreement with GIK permitting you to use the GIK Applications for transactions on behalf of another person, you may only use the GIK Applications for transactions on your own behalf, and not on behalf of any other person.
Use of the GIK Applications; Restrictions.
Use of the GIK Applications. As long as you comply with the Terms, GIK grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the GIK Applications, and to download and use any application on your mobile device (“App”) in object code form, for your personal use. Except as expressly stated herein, these Terms do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the GIK Applications on third-party websites or otherwise. The GIK Applications may include software for use in connection with the GIK Applications.
Mobile Applications. To use any mobile application feature of the GIK Applications, you must have a compatible mobile device. GIK does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. GIK may update any App and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms do not apply to your use of software obtained from a third-party source under an open source license.
Use of Content. Subject to the restrictions set forth in these Terms, you may copy information from the GIK Applications only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You may not use the GIK logo or imply any relationship between you and GIK, without GIK’s prior written approval.
Additional Restricted Uses. You also agree that you will not, either directly or indirectly, yourself or through any agent or third party: (a) request, compile, store, maintain or use the GIK Applications (including any of the information and data in the GIK Applications) to build your own database; (b) copy or otherwise reproduce the GIK Applications (including any of the information and data in the GIK Applications), except as specifically permitted in these Terms. You are expressly prohibited from, and shall take all actions necessary to ensure that the GIK Applications and all information and data contained therein, are not cached, indexed, stored or retained in any manner by any party, including, without limitation, internet search engines, such as Google.
Generally. You will be required to pay fees to access certain features of the GIK Applications, including our Full Report, as well as our Add On products, which may be purchased separately from our Full Report. All fees are in U.S. dollars and are non-refundable. If GIK changes the fees for all or part of the GIK Applications, including by adding fees or charges, GIK will provide you advance notice of those changes. If you do not accept the changes, GIK may discontinue providing the applicable part of the GIK Applications to you. GIK’s authorized third-party payment processor will charge the payment method you specify at the time of purchase. You authorize GIK to charge all fees as described in these Terms for the GIK Applications you select, including monthly or annual subscription plans, to that payment method. If you pay any fees with a credit card, GIK may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscriptions. The GIK Applications include features that allow for automatically recurring payments for periodic charges, on either a monthly or an annual basis (“Subscription Service”). If you decide to activate a Subscription Service, you authorize GIK to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during sign up/registration (or to a different payment method if you change your payment information). GIK may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at: firstname.lastname@example.org.
Cancellation and Termination of Your Account; Changes to the Terms.
You may terminate/cancel your account in accordance with the terms set forth herein by contacting email@example.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the GIK Applications. If you violate any provision of these Terms, your permission from GIK to use the GIK Applications will terminate automatically. In addition, GIK may in its sole discretion terminate your account or suspend or terminate your access to the GIK Applications at any time for any reason, with or without notice. GIK may alter, suspend or discontinue the GIK Applications or any portion of the GIK Applications without notice. GIK will not be liable whatsoever for any change to the GIK Applications or any suspension or termination of your access to or use of the GIK Applications. GIK reserves the right to change these Terms at any time in its sole discretion on a going-forward basis. Your continued use of the GIK Applications after updates to these Terms are effective will represent your agreement to the revised version of these Terms. Your continued use of the GIK Applications after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms. You are responsible for regularly reviewing these Terms.
Compliance; Permitted and Restricted Uses.
Generally. You agree that you will comply with all applicable federal, state and local statutes, regulations and rules, in your use of the information and data provided by GIK to you, including through the GIK Applications.
The FCRA; Nonpermitted/Restricted Uses. GIK is not a “consumer reporting agency,” and the information and data provided by GIK to you, including through the GIK Applications, do not constitute “consumer reports” as those terms are defined by the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (“FCRA”). Accordingly, you understand and agree that information and data provided by GIK to you, including through the GIK Applications, may NOT be used in whole or in part as a factor in determining eligibility for employment, tenancy, credit, insurance, or any other purpose under the FCRA. In particular, you agree NOT to use the information and data provided by GIK to you, including through the GIK Applications, to determine, in whole or in part, an individual’s eligibility for any of the following: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check-cashing, or the opening of a deposit or transaction account. Further, you agree NOT to use any information or data provided by GIK to you, including through the GIK Applications, to take any “adverse action,” as that term is defined in the FCRA – for example, withdrawing an offer or employment, or declining to rent an apartment or house.
Additional Prohibited/Restricted Uses.
You also AGREE to each of the following:
- You will not use the GIK Applications to seek information about or harm minors in any way.
- You will not use the GIK Applications to seek information about celebrities or public figures.
- You will not use the GIK Applications to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
- You will use the GIK Applications only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.
- If required by law, you will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the GIK Applications.
- You will not use the GIK Applications in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person.
- You will not resell any of the information you obtain from the GIK Applications without our prior written consent.
- You will take reasonable steps to ensure that the information you receive from the GIK Applications is stored in a secure manner.
You also agree that you will NOT:
- Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the GIK Applications, except as explicitly permitted under these Terms.
- Provide/post/authorize a link to any of the GIK Applications from a third-party website.
- Remove or modify any copyright or other intellectual property notices that appear in the GIK Applications.
- Use the GIK Applications for resale, sharing or other similar purposes.
- Use the GIK Applications in any way that is unlawful, or harms GIK, its service providers, data suppliers, or any other customer or user.
- Distribute or post spam, chain letters, pyramid schemes, or similar communications through the GIK Applications.
- Impersonate another person or misrepresent your affiliation with another person or entity.
- Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any data or content available through the GIK Applications, except as explicitly permitted by GIK.
- Upload invalid data, viruses, worms, or other software agents to the GIK Applications.
- Interfere with, or compromise the system integrity or security of the GIK Applications, or otherwise bypass any measures GIK may use to prevent or restrict access to the GIK Applications.
- Conduct automated queries including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the GIK Applications, or any of the underlying data or information supplied or provided by GIK.
- Use any of GIK's trademarks.
- Attempt to, permit or encourage any third party to do any of the above.
Consequences for Nonpermitted/Restricted Uses. Using information from GIK for any nonpermitted use violates both these Terms and the law, and can lead to possible criminal penalties. We take the permissible use and FCRA obligations very seriously, and we reserve the right to terminate your access and your account, and report all violations to law enforcement as appropriate. If you are not sure whether your intended use of GIK information is permitted or not, please contact us first at firstname.lastname@example.org.
Gramm-Leach-Bliley Act; and Driver’s Privacy Protection Act. The information and data provided by GIK to you, including through the GIK Applications, do not contain any data or information that is governed by the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations, or the Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.) and related state laws.
Data Accuracy; Requests for Information and Source of Data; Opt-Out Requests
Data Accuracy. The sources of the information we provide include public records and publicly available information. It is provided for informational purposes only. While our data partners update and refine the information often, by its nature, the underlying data includes incomplete and inaccurate information. We do not verify the information or any other content we provide. We do not warrant or guarantee that the information will be accurate and up to date. You should NOT assume that the information we provide is a complete or accurate representation of a person’s background, including their criminal and civil record history. All information is provided “as is,” without a warranty of any kind, express or implied. Our data partners use public records and commercially available data that may contain errors, and have been entered or processed with errors. Accordingly, the data is not warranted to be free from defect. You understand and agree that the data should not be relied upon as definitively accurate.
Requests for Information and Source of Data. Understanding all of this, if you would like a copy of the public record information that pertains to you, or if you would like the identity of the public record provider, or more information about the provider, please contact us at email@example.com. We will then provide you with a site that will allow you to request a copy of the information on you. The site is not a vehicle for making any corrections. However, our data provider will provide the source(s) of the data, to the extent permitted. Your satisfaction is our primary goal. So, if the matter remains unresolved to your satisfaction, please contact us with your concerns at firstname.lastname@example.org.
Opt-Out Requests. Your request to opt-out of the database(s) maintained by our data partners, including if you are facing a risk of harm, an identity theft victim, or a public official including law enforcement, should be directed to email@example.com.
Sex Offender Information.
Only information on registered sex offenders which is allowed to be legally disclosed is disclosed to GIK by our data providers. Some registered sex offenders are not subject to public disclosure, so those records are not reported by GIK. State law does not allow offenses other than the crimes for which the convicted sex offender is required to register to be disclosed. Extreme caution of misidentification should be used because mistaken identity may occur when relying upon limited information to identify individuals. If you believe that any sex offender information is in error, please contact law enforcement, or contact the Department of Justice by e-mail at MegansLaw@doj.ca.gov. In some states, like California, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of sexual offender information subjects the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to California Penal Code Section 290.4 (e) (3) (A).
The Records Found Count.
The Records Found count is displayed on our enhanced person locator screen/page and is depicted as a number followed by a “+” inside a red circle – for example “42+”. This Records Found count is the TOTAL, combined number of individual records located across ALL of the 30 plus individual search products included in the Full Report. (The Records Found count does NOT include the Add On search products. The Add On search products are not included in the Full Report, unless purchased separately.) For example, if a search returns 6 phone numbers, 4 email addresses, 4 property addresses, 0 Criminal Records – National, and 0 Sexual Offender Records, the total Records Found count would be 14. The Records Found count data comes to us from our data providers, and we have found it to be a reasonably good estimate of the actual records count. However, it is an estimate only. It is not an exact, actual number. Also, it is important to understand that because the Records Found count is the TOTAL, combined number of individual records located across ALL of the 30+ individual search products, in nearly every search on Glad I Know, most of the individual search products come back with 0 records. In nearly every search, most of the total Records Found count comes from the following search products: Phones Plus, Email, Address & Property History, Family Members, Associates, Neighbors, and People Linked by Address. In nearly every search, the rest of the individual search products (the products other than Phones Plus, Email, Address & Property History, Family Members, Associates, Neighbors, and People Linked by Address) combined typically yield far less Records Found, to 0 Records Found.
All Data and Information Is Provided “AS IS;” Disclaimer of Warranty.
“AS IS.” All information and data provided to you by GIK is “AS IS.” Because the GIK Applications involve conveying information provided to GIK by our data partners, GIK cannot and will not, for the modest fee charged to you by GIK, be an insurer or guarantor of the accuracy or reliability of the data and information provided to you by GIK. Accordingly, GIK DOES NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GIK APPLICATIONS, INFORMATION PROVIDED TO YOU BY GIK, AND SHALL NOT BE LIABLE TO YOU, TO ANY CUSTOMERS, OR TO ANY OTHER THIRD PARTIES FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY GIK’S ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE GIK APPLICATIONS OR INFORMATION OR DATA THEREIN.
State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability; California Residents.
Limitation of Liability. GIK obtains the data and information it provides to you from its data partners. These data partners maintain the databases, and update them on a periodic basis. GIK does not undertake a separate investigation for each inquiry or request for GIK Applications made by its customers. The prices we charge for use of the GIK Applications are based upon our expectation that the risk of any loss or injury that may be incurred by use of the GIK Applications will be borne by you and NOT GIK. IN NO EVENT SHALL GIK BE LIABLE TO YOU OR TO ANY CUSTOMER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGE TO PERSONAL OR BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER CAUSED, EVEN IF GIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
California Residents. If you are a California resident, in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
No Liability for Accumulated Content.
When using the GIK Applications, 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 GIK’s sole discretion with or without notice and with no liability of any kind. GIK DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
The GIK Applications are owned and operated by GIK. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the GIK Applications (the “GIK Materials”) provided by GIK are protected by intellectual property and other laws and are the property of GIK or GIK’s third-party licensors. Except as expressly allowed by these Terms, you may not make use of the GIK Materials, and GIK reserves all rights to the GIK Materials and GIK Applications not granted expressly in these Terms.
You agree to indemnify, defend, and hold harmless GIK, its affiliates, and our respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the GIK Applications, including the information and data we provide through the GIK Applications; (b) your breach of these Terms; (c) your violation of any law including but not limited to the FCRA or the rights of any third party; (d) any dispute or issue between you and any third party; (e) your willful misconduct; and (f) any other party’s access to and/or use of the GIK Applications using your account and password. GIK reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with GIK’s defense of that claim.
Choice of Law; Disputes.
These Terms are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Los Angeles County, California, for any and all disputes, claims and actions arising from or in connection with the GIK Applications and/or these Terms.
These Terms shall be deemed to be severable and, if any provision of this Agreement shall be finally determined to be void, illegal or unenforceable, then you agree it is the desire and intention of you and GIK that such provision be deemed automatically adjusted to the minimum extent necessary to conform to applicable requirements of validity, legality and enforceability and, as so adjusted, be deemed a provision of these Terms as if it were originally included herein.
Successors and Assigns.
These Terms will be binding upon and inure to the benefit of you and GIK and to our respective heirs, representatives, successors, and permitted assignees.
Consent to Communications.
Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the GIK Applications or to receive further information regarding use of the GIK Applications.
The GIK Applications are offered by Glad I Know, Inc., 12121 Wilshire Blvd., Suite 207, Los Angeles, CA 90025. You can contact us by email at firstname.lastname@example.org or by phone at (888) 846-8796
Notice to Apple Users.
If you are using our mobile applications on an iOS device, the terms of this section apply. You acknowledge that these Terms are between you and GIK only, not with Apple, and Apple is not responsible for the GIK Applications. Apple has no obligation to furnish any maintenance or support services with respect to the GIK Applications. If the GIK Applications fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the GIK Applications. Apple is not responsible for addressing any claim by you or any third party relating to the GIK Applications or your possession or use of the GIK Applications, including: (a) product liability claims; (b) any claim that the GIK Applications fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the GIK Applications or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the GIK Applications. Apple and Apple’s subsidiaries are third party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you. You hereby 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.
No Third-Party Beneficiaries.
There shall be no third-party beneficiaries to these Terms.
Class Action Waiver.
Except as otherwise required under applicable law, you and GIK agree to bring and resolve any and all claims against each other ONLY on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You and GIK acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all claims.