Agreement to Terms and Conditions of Use
Last Updated: September 28, 2020
Welcome to LocateSmarter.com.
PLEASE CAREFULLY READ THIS AGREEMENT TO TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE YOU USE THIS WEBSITE. THE TERMS GOVERN THE RELATIONSHIP BETWEEN A SITE VISITOR (“YOU”) AND LOCATESMARTER, LLC (“LocateSmarter”) WITH RESPECT TO YOUR VISIT TO AND USE OF THIS WEBSITE: https://www.locatesmarter.com/, http://www.skiptracingblog.com/, and THE various web pages associated with those Web Addresses, applications, and website-releated services (“WEBSITE”).
THE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT. LocateSmarter may, at its sole discretion, change, update, add, or remove TERMS at any time by posting amended TERMS on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to check the Terms periodically for updates. You will be able to determine if THE TERMS HAVE changed since Your LAST visit BY REFERRING TO THE “Last Updated” date that appears ABOVE. Your continued use of the Website following the posting of changes constitutes Your acceptance of the updated Agreement TO TERMS.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH INCLUDE A PROVISION FOR BINDING ARBITRATION OF ANY DISPUTES ARISING FROM THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE, AND SHOULD NOT USE, THIS WEBSITE.
1. Legally Binding Terms.
These Terms set forth the binding agreement between You and LocateSmarter, a subsidiary of MadisonWyatt, LLC, and govern Your visit to and use of the Website. If You are using this Website as a registered LocateSmarter Client, additional terms apply as set forth herein and in the Client Agreement that governs Your use of the Website’s services.
2. Access to Site / Limited License
You are granted a nonexclusive, nontransferable, revocable, limited license to access and/or use this Website, its contents and services, and information received through this Website, in accordance with these Terms. This license may, in LocateSmarter’s sole discretion, be terminated at any time for any reason.
LocateSmarter also reserves the right, in its sole and absolute discretion, to terminate, suspend or restrict Your access to this Website, without prior notice to You, in the event LocateSmarter determines that You have violated these Terms, breached the terms of the Client Agreement, if applicable, or violated applicable law.
LocateSmarter also reserves the right to assert any claims it may have against You at law, or in equity, and to seek and obtain any remedy or relief that may be available to LocateSmarter for Your violation of these Terms or applicable law, or for any breach of a Client Agreement that governs Your use of the Website’s services.
3. Client Registration and Use of the Website’s Services (Applicable to LocateSmarter Clients Only)
Certain sections of this Website may only be accessed by registered LocateSmarter Clients. Unless otherwise agreed, each Client registration will result in LocateSmarter’s issuance of a single registered name and password for the Client’s use. The issued registered name and password may be used by only one Client representative or employee at a time.
If You register to be a LocateSmarter Client, You agree to: (i) accurately provide all of the information requested by LocateSmarter; and (ii) notify LocateSmarter as soon as practicable if any of the provided information changes. As a registered LocateSmarter Client, the intended purpose of this Website is to provide You with a secure file transfer portal through which You can access and obtain information from various data sources.
4. Intellectual Property Rights
The information contained on this Website is proprietary to LocateSmarter, its parent, affiliates, or to third-party providers of information to LocateSmarter. You acknowledge and agree that LocateSmarter, its parent, affiliates and/or third-party providers own all legal right, title and interest in and to the information contained on or accessible through this Website or provided to you by LocateSmarter. Without the prior written approval of LocateSmarter, You may not disclose the information provided on this Website or by LocateSmarter to any third-party by way of sale, lease, license, assignment, file transfer, networking or other form of disclosure.
All names, logos, designs, marks or trademarks appearing on the Website are the exclusive property of LocateSmarter, its parent or affiliates, or third-party providers. Nothing on the Website or contained in these Terms, or (as applicable) a Client Agreement that governs Your use of the Website’s services, may be construed as granting You any: (i) consent, waiver or license concerning the use of such names, logos, designs, marks or trademarks; or (ii) any license under any copyright, trademark, patent or other intellectual property rights of LocateSmarter, its affiliates and/or any third-party.
You agree that neither LocateSmarter nor its parent or affiliates will be responsible for any information or service provided to You by any third-party.
5. Privacy: Collection, Use and Security of Personal Information
You expressly agree that any information You provide to LocateSmarter may be retained and used by LocateSmarter for its own use and/or analysis to improve the Website or LocateSmarter services.
You agree to comply with any security processes and procedures (such as the use and confidentiality of passwords) specified by LocateSmarter with respect to Your access to or use of this Website’s services.
If You disclose non-public personal information (“NPI”), as such term is defined in the Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 and 6805, LocateSmarter agrees, subject to these Terms: (a) to maintain the confidentiality of that NPI; and (b) not to disclose or use that NPI except for the performance of its obligations pursuant to these Terms or in connection with judicial or government proceedings pursuant to applicable law.
LocateSmarter’s procedures limit access to the information You provide to those employees who need such access in order to provide the information and services You request.
LocateSmarter has implemented appropriate measures to safeguard NPI and meets the objective of the standards for safeguarding customer information. LocateSmarter has developed, implemented and will maintain effective information security policies and procedures that include administrative, technical and physical safeguards designed to: (i) ensure the security and confidentiality of the information You provide; (ii) protect against anticipated threats or hazards to the security or integrity of such information; and (iii) protect against unauthorized access or use of such information.
6. Consent to Monitoring and Disclosure
LocateSmarter assumes no obligation to monitor the information included in, transmitted to, or made accessible through this Website.
You agree that LocateSmarter may monitor Your use of this Website to further comply with these Terms, applicable law, and any Client Agreement that governs Your use of the Website’s services.
LocateSmarter reserves the right to modify or remove any information contained on the Website without notice to You. All information provided by You to LocateSmarter in connection with the Website that LocateSmarter determines must be disclosed to complete Your requested transaction will not be considered confidential for such limited purposes.
LocateSmarter shall be free to use, disclose and distribute such information to third-parties without limitation provided such disclosures are not prohibited by applicable law. LocateSmarter reserves the right to investigate complaints or reported violations of these Terms, any Client Agreement that governs You use of the Website’s services, or applicable law including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties and disclosing any information necessary or appropriate to such person or entities.
7. Advertisements / Content
Some or all of the information contained on this Website is or may be supported by advertising and/or promotional revenue.
By using this Website, You assume the risk that this Website and its contents may be incomplete, inaccurate, out-of-date, or may not meet Your needs and requirements.
8. Disclaimer of Warranties; Limitation of Liability.
YOU, AS A VISITOR TO THE SITE AND/OR A REGISTERED LocateSmarter CLIENT, ASSUME RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ITS SERVICES AND UNDERSTAND THAT THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE A MATERIAL PART OF THESE TERMS.
THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY SERVICES AND INFORMATION OBTAINED ON OR DELIVERED TO YOU THROUGH THE WEBSITE OR OTHERWISE PROVIDED TO YOU AS A LocateSmarter CLIENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.”
LocateSmarter DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR ARISING OUT OF A COURSE OF DEALING OR USAGE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE WITH DATA, AVAILABILITY, ACCURACY OR THAT THE INFORMATION OR SERVICE IS ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LocateSmarter DOES NOT WARRANT THAT INFORMATION OR SERVICES PROVIDED, OFFERED ON, ACCESIBLE THROUGH, OR TRANSMITTED FROM THE WEBSITE WILL BE UNINTERRUPTABLE OR ERROR FREE AND LocateSmarter DOES NOT PROMISE THAT YOUR USE OF THE WEBSITE WILL PROVIDE A SPECIFIC RESULT. YOU UNDERSTAND AND AGREE THAT IN THE EVENT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH YOUR USE OF THIS WEBSITE YOU DO SO AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND THE APPLICATIONS, SERVICES, INFORMATION AND LINKS PROVIDED THEREIN.
THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY SERVICES AND INFORMATION OBTAINED ON OR DELIVERED TO YOU THROUGH THE WEBSITE OR OTHERWSIE PROVIDED TO YOU AS A LocateSmarter CLIENT, MAY CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD-PARTIES. LocateSmarter DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY SUCH THIRD-PARTIES. NO INFORMATION OR SERVICES PROVIDED BY LocateSmarter AND/OR ITS EMPLOYEES OR ANY THIRD-PARTY SHALL CREATE ANY WARRANTY.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL LocateSmarter BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR SIMILAR DAMAGES ARISING FROM OR RELATED TO YOUR VISIT TO OR USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OBTAINED ON OR DELIVERED TO YOU THROUGH THE WEBSITE OR OTHERWISE PROVIDED TO YOU AS A LocateSmarter CLIENT, EVEN IF LocateSmarter IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL BE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE LIMITATION, LIABILITY IS IMPOSED UPON LocateSmarter, YOU AGREE THAT LocateSmarter’s TOTAL LIABILITY TO YOU FOR ANY OR ALL OF YOUR DAMAGES, LOSSES OR OTHER INJURIES ARISING FROM LocateSmarter’s ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO LocateSmarter.
References to any products, services or the Website links of any third-parties contained in this Website do not constitute or imply LocateSmarter’s endorsement of such products, services or Websites. LocateSmarter makes no representations and is not responsible for the quality, legality, applicable use, or any other aspect of the products, services or Websites provided by third-parties that may be referred to on this Website.
10. Your Representations and Warranties to LocateSmarter.
You represent and warrant to LocateSmarter that, with respect to any information You access or obtain through the Website, from LocateSmarter, or from any third-party provider working with LocateSmarter, You will: (i) implement and maintain effective information security policies and procedures that include administrative, technical and physical safeguards designed to ensure the security and confidentiality of the information; (ii) protect against anticipated threats or hazards to the security or integrity of such information; (iii) protect against unauthorized access or use of such information; (iv) obtain and use the information only in accordance with applicable law; and (v) immediately notify LocateSmarter if any information accessed or obtained through the Website, from LocateSmarter, or from any third-party provider working with LocateSmarter, is the subject of a security incident that could compromise the security or confidentiality of such information.
LocateSmarter and LocateSmarter’s agents, representatives, internal and external auditors, and federal and state regulatory agencies that supervise LocateSmarter, may conduct an on-site or off-site inspection and audit the business of any user of the Website and the information obtained on or accessed through the Website. By using this Website, and if You access or obtain any information from or through LocateSmarter or this Website, You agree to cooperate in such inspections and audits during regular business hours and upon five business days’ notice.
In order to access certain Websites and services offered on or through the Website, You may be required to enter a username and password. You shall hold such username and password in strict confidence and take reasonable efforts to keep Your credentials secure and confidential. LocateSmarter is not liable for any losses arising from Your failure to do so. Any activity that occurs within Your account as a result of Your failure to keep Your credentials secure and confidential is Your responsibility, and You may be held liable for any loss incurred by LocateSmarter or otherwise attributable to such failure, including unauthorized access to Your account. In the event You determine that the confidentiality of Your password or username has been compromised, You must immediately notify LocateSmarter of such an occurrence and cooperate with LocateSmarter in the investigation of the occurrence. Upon receipt of Your notification, LocateSmarter will issue you a new username and password provided LocateSmarter determines that procedures have been implemented to prevent the reoccurrence of such an incident.
13. Website Rules of Conduct
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or its services. Your use of the Website is additionally conditioned on Your compliance with the following rules of conduct. You agree not to:
- Use the Site for any fraudulent or unlawful purpose.
- Transmit unsolicited e-mail messages (“Spam”), or obtain the services of another provider to send Spam to promote a website hosted or otherwise accessible on or through the Website.
- Impersonate any person or entity, including, but not limited to, any Website employee, agent or representative; falsely state or otherwise misrepresent Your identity or Your affiliation with any person or entity; or express or imply that we endorse any statement You make.
- Intentionally interfere with or disrupt the operation of the Website.
- Transmit or otherwise make available in connection with the Website any virus, worm, Trojan Horse or other harmful code.
- Attempt to gain unauthorized access to the Website or its services or information, whether by hacking, password mining or any other means.
- Test the vulnerability of the Website or any connected network to attempt to breach the security or authentication measures, without prior express written consent of LocateSmarter.
- Frame or mirror all or any part of the Website without LocateSmarter’s prior express written consent.
- Restrict or inhibit any other person from using the Website, including by means of hacking or defacing any portion of the Website.
- Interfere with or violate any other Website visitor’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about our employees and representatives identified on the Website, without their express consent.
- Sell, resell, transfer, license or exploit, for any commercial purposes, any use of or access to the Website or its services or information, except as may be permitted by any Client Agreement that governs your access to and use of the Website’s services and information.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Dispute Resolution / Binding Arbitration
You agree that any dispute, claim or controversy arising out of, connected with, or relating to this Agreement to Terms and Conditions of Use of the Website will be submitted to and resolved by mandatory and binding arbitration, administered and conducted under the Commercial Arbitration Rules of the American Arbitration Association (or other rules agreed by the parties) and Title 9 of the United States Code. If You have such a dispute, claim, or controversy, You must notify LocateSmarter in writing at: 1309 Technology Parkway, Cedar Falls, IA 50613 and/or firstname.lastname@example.org.
Arbitration proceedings shall occur in Black Hawk County, Iowa, unless a different location is agreed in writing by the parties, and the parties shall share equally all charges related to arbitration. The arbitrator shall have the power and authority to decide all questions of the legality of this arbitration provision, including its enforceability and scope. The arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitration hearing shall be commenced promptly and conducted expeditiously. The arbitrator shall, at the time of rendering a judgment and award, prepare and distribute to the parties an opinion describing the bases for such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
15. Governing Law / Legal Advice
This Agreement and performance under it shall be governed by and construed in accordance with the law of Iowa without regard to any portion of its choice of law principles. Content on this Website is not intended to and does not constitute legal advice and no attorney-client relationship is formed, nor is anything submitted to this Website treated as confidential, unless otherwise agreed to by the parties through separate written agreement.
16. No Waiver of Rights
You agree that LocateSmarter does not waive any right by not exercising or enforcing any legal right or remedy which is contained in these Terms or under applicable law. The failure to exercise any right may not be interpreted to be a waiver of LocateSmarter’s rights.
17. Severability / Survival
If any provision of these Terms conflicts with the law under which this Agreement is to be construed, or if any such provision is held invalid by a competent authority, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. The remainder of these Terms shall remain in full force and effect. Provisions 4, 5, 6, 8, 10, 11, 12, 13, 14, 15, & 18 herein shall survive termination or expiration of this Agreement and continue in full force and effect.
You agree to indemnify, defend and hold LocateSmarter, including its parent, affiliates and any third-party provider of information to LocateSmarter (including officers, directors, employees, members, managers, agents and advisors of any of the foregoing), harmless from all claims, demands, penalties, suits or actions, and from any and all related losses, liabilities, judgments, costs and expenses arising out of or resulting from Your use of the Website and/or its services, violation of these Terms, or Your breach of a Client Agreement or violation of applicable law relating to Your receipt or use of the information obtained through the Website or LocateSmarter.
These Terms shall be binding on You and LocateSmarter and their respective successors and assigns. You may not assign Your rights under these Terms without the prior consent of LocateSmarter. LocateSmarter may assign or delegate its rights and obligations under these Terms without Your consent to an entity which acquires all or substantially all of the LocateSmarter assets or to any affiliate, or successor in a merger, acquisition or liquidation of LocateSmarter.
20. Entire Agreement
For Website Visitors that are NOT Registered LocateSmarter Clients: These Terms constitute the entire agreement between You and LocateSmarter concerning Your visit to and use of the Website and supersede all prior correspondence, discussions, agreements, and understandings with respect to such subject matter.
For Registered LocateSmarter Clients: These Terms are in addition the terms of Your Client Agreement. If there is a conflict between these Terms and the terms posted for, or applicable to, a specific portion of or feature/service offered on the Website, or the terms set forth in a Client Agreement that governs Your use of the Website’s services, the latter shall control with respect to Your use of that portion of the Site or the specific feature/service/terms at issue.
End of Terms