Pacific Information Resources, Inc. is pleased to be able to provide fee-based access to their proprietary “Premium” databases, including criminal record, sex offender, bankruptcy, judgment, and tax lien databases in the Premium area of the SearchSystems.net Website ("SearchSystems.net" or the "Website") to those who accept the terms of this Registration Agreement ("Agreement"). By accepting to be bound by this Registration Agreement; you agree to all of the terms contained therein. If you do not agree with any term or condition of the Registration Agreement, you are not authorized to register to use SearchSystems.net's Premium databases. Should you accept the Agreement, you will then be asked to provide information for the credit card that you wish to use to pay for access to the criminal and sex offender records. Once both steps have been completed, you will be allowed access to SearchSystems.net Premium databases.
You may not utilize the information provided on SearchSystems.net to violate any international, federal, state, county, municipal, regulatory or other governmental statute, ordinance, regulation or other civil, criminal or administrative rule or law. You will be held liable for any damages incurred by SearchSystems.net as a result of such violation, in addition to reasonable attorney's fees and costs.
Any use or dissemination of the information contained in or accessed through this Website to harass, threaten, distress, intimidate, or invade the privacy of any individual, or for any other improper purpose, may result in criminal prosecution and/or civil liability under federal, state and/or local law, and is a violation of the Terms of Service.
All information that you provide to SearchSystems.net, including your identity, contact information, payment authorization and usage verification, must be true and correct, as it is being relied upon by SearchSystems.net. Providing SearchSystems.net with a false identity, credit card fraud, false verification of the purpose(s) to which you intend to put the information provided by and through the Website or other false information may result in criminal prosecution and/or civil liability under federal, state and/or local law, and is a violation of the Terms of Service.
PART 1. I, the subscriber, accept liability for all payments charged to my account by me or by anyone else using my access to any part of SearchSystems.net, whether or not that person does so with my authorization.
PART 2. I understand that the service that I am purchasing is the right to search SearchSystems.net's Premium criminal record and sex offender, or bankruptcy, judgment, or tax lien databases (to the extent applicable). I therefore agree to pay for all searches of those databases that I perform, regardless of the quantity or quality of the response received from those searches. I further understand that I am responsible for any expenses incurred by Pacific Information Resources, Inc. for the collection of charges accrued by any individual utilizing my account to search SearchSystems.net's Premium databases, including, but not limited to, reasonable attorney's fees.
PART 3. I understand that the service I am purchasing is the right for the subscriber to search SearchSystems.net's Premium databases as a SearchSystems.net “Member,” and that there is no fee for SearchSystems.net membership, but there is a fee for each Premium database search as outlined in Part 4.
PART 4. I understand that, unless otherwise agreed to in a document signed by a duly authorized representative of Pacific Information Resources, Inc., as a current and valid Search Systems member to access the SearchSystems.net Premium databases, I will be charged as follows: Criminal Records by State $9.95; “Nationwide” Criminal Record Search $14.95; Bankruptcies, Judgments, and Tax Liens $5.
PART 5. I understand that all information contained in and re-sold by SearchSystems.net is compiled from public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
PART 6. I have read the descriptions of the databases of SearchSystems.net criminal records and sex offender records subject to this Agreement, located at https://premium.searchsystems.net/searches/criminal_databases_new.php and understand the depth and/or limitations of the contents of each database.
PART 7. I understand that some or all of the information reported by SearchSystems.net or obtainable from SearchSystems.net's databases constitutes personal data that may be regulated by the Fair Credit Reporting Act (FCRA), the full text of which can be found at http://www.ftc.gov/os/statutes/031224fcra.pdf. As SearchSystems.net may in fact fit the definition of a "consumer reporting agency" (CRA), it seeks to comply with pertinent provisions of the FCRA. I therefore certify that I have read and understand the foregoing and that any consumer report that I purchase from SearchSystems.net will be bought and utilized in strict compliance with the foregoing, as well as with any and all other applicable federal or state laws. I hereby provide the following certifications as part and parcel of my acceptance of this Registration Agreement:
A. I certify that no report shall be ordered except in connection with one or more of the following Permissible Purposes:
- As ordered by a court or a federal grand jury subpoena. FCRA Section 604(a)(1)
- As instructed by the consumer in writing. FCRA Section 604(a)(2)
- For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account. FCRA Section 604(a)(3)(A)
- For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. FCRA Sections 604 (a)(3)(B) and 604(b)
- For the underwriting of insurance as a result of an application from a consumer. FCRA Section 604(a)(3)(C)
- When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. FCRA Section 604(a)(3)(F)(i)
- To review a consumer's account to determine whether the consumer continues to meet the terms of the account. FCRA Section 604(a)(3)(F)(ii)
- To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. FCRA Section 604(a)(3)(D)
- For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. FCRA Section 604(a)(3)(E)
- For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. FCRA Sections 604(a)(4) and 604(a)(5)
B. If the consumer report information being obtained is to be used for employment purposes, and I am the end user of the report, I further certify pursuant to the FCRA Section 604(b) that:
- I have provided the consumer a clear and conspicuous disclosure in writing (unless the consumer applies for employment by mail, telephone, or computer, in which case the disclosure may be made by oral, written, or electronic means) that a consumer report may be obtained.
- I have obtained prior written authorization (unless the consumer applies for employment by mail, telephone, or computer, in which case the authorization may be made by oral, written, or electronic means) from the consumer.
- If adverse action is taken against the consumer, I will provide a copy of the report and a Summary of Consumer's Rights to the consumer prior to such adverse action being taken.
- The information obtained will not be used in violation of any federal or state equal opportunity law or regulation.
- I will ensure that the consumer is informed of the existence of the Summary of Consumer's Rights, which is accessible on the Internet at http://www.ftc.gov/bcp/consumer.shtm.
C. If I am going to re-sell the consumer information report, I shall take the following steps pursuant to Section 607(e) of the FCRA:
- Disclose the identity of the end-user to the source consumer-reporting agency.
- Disclose to the source consumer-reporting agency each permissible purpose for which the report will be furnished to the end-user.
- Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
- the identity of all end-users;
- Certifications from all users of each purpose for which the report will be used; and
- Certifications that the report will not be used for any purpose other than the allowable purpose(s) specified, using reasonable efforts to verify this information before selling the report.
PART 8. I agree not to publish, sell or otherwise provide access to a "deep link" on SearchSystems.net (defined as any page on the SearchSystems.net site other than the home page). I agree not to use SearchSystems.net to sell a product or service, or to increase traffic to my Web site for commercial reasons, such as advertising sales. I agree not to modify, reformat, publish, license or create derivative works from any information, links, products or services obtained from SearchSytems.net or mirror the SearchSystems.net home. I understand that if I utilize SearchSystems.net for any commercial purpose defined above without a prior agreement, SearchSystems.net will pursue all available civil and criminal penalties against me.
PART 9. I understand that SearchSystems.net may modify or terminate its services (including canceling an individual's account) for any reason and without notice, without liability to me, any other user, or any third party. I understand that SearchSystems.net reserves the right to modify this Registration Agreement from time to time without notice, and that I am advised to review this Registration Agreement from time to time so that I will be kept informed of any changes.
PART 10. I understand that SearchSystems.net reserves the right to change its prices for access to its criminal records and sex offender databases, and bankruptcy, judgment, tax lien databases at any time and for any reason.
PART 11. I understand and agree with all of the following provisions:
All contents of SearchSystems.net © 2003-2010 Pacific Information Resources, Inc. All rights reserved.
SearchSystems.net's logo, trademarks and other marks that appear throughout SearchSystems.net belong to Pacific Information Resources, Inc., and are protected by U.S. and international trademark laws. I am prohibited from using any of the marks appearing throughout SearchSystems.net, except for banners expressly made available for download as otherwise outlined in this TOS, without express written consent from Pacific Information Resources, Inc., as permitted by applicable laws.
SearchSystems.net provides banner links to its Website for free download and publication on other Websites. These images are created and distributed by SearchSystems.net and must be used only as described on SearchSystems.net. I may not change or delete the code or the comment tags in the code provided, except for the image location tag if I am hosting the image on my own server. I am also prohibited from creating or using any images or banners other than the ones provided to link or otherwise refer to SearchSystems.net. If I decide to place our banners on my site, I will email SearchSystems.net with the URL of my site and notify SearchSystems.net of the link. SearchSystems.net reserves the right to request any web site to remove any or all
SearchSystems.net banners, images, or any other intellectual property at any time.
Downloading, publication or other usage of our banners creates no reciprocal duties on SearchSystems.net's part whatsoever, including, but not limited to, the duty to recompense the subscriber for any damage caused through the download, publication or other usage of those links, the duty to recompense the subscriber for any damage caused by your viewer's activating, tampering with or otherwise accessing those banners, or the duty to pay the subscriber for any traffic or business sent to our site via those banners.
SearchSystems.net disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material found in Websites listed on SearchSystems.net. SearchSystems.net disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. SearchSystems.net disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through SearchSystems.net.
SearchSystems.net is provided "as is," with no warranties whatsoever. SearchSystems.net expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, durability and fitness for a particular purpose, quality, satisfactory quality, title and non-infringement of proprietary rights.
SearchSystems.net disclaims any warranties regarding the security, reliability, timeliness, and performance of SearchSystems.net. SearchSystems.net disclaims any warranties for any information or advice obtained through the SearchSystems.net.
SearchSystems.net disclaims any warranties for services or goods received through or advertised on SearchSystems.net or received through any links provided by SearchSystems.net, as well as for any information or advice received through any links provided in SearchSystems.net.
I understand and agree that I download or otherwise obtain material or data through the use of SearchSystems.net at my own discretion and risk, and that I will be solely responsible for any damages to my computer system or loss of data that results in the download of such material or data. If my state does not allow the exclusion of implied warranties, then I understand that this above exclusion may not apply to me.
Under no circumstances shall SearchSystems.net be liable to any user on account of that user's use or misuse of or reliance on SearchSystems.net. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if SearchSystems.net has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on SearchSystems.net, from inability to use SearchSystems.net, or from the interruption, suspension, or termination of SearchSystems.net (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on SearchSystems.net or received through any links provided in SearchSystems.net, as well as by reason of any information or advice received through or advertised on SearchSystems.net or received through any links provided in SearchSystems.net. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of SearchSystems.net or any information or merchandise that appears on, or is linked or related in any way to, SearchSystems.net. Such limitation shall apply notwithstanding any failure of an essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to me.
Without limiting the foregoing, under no circumstances shall SearchSystems.net be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
This Registration Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or my actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Registration Agreement to be unenforceable, the remainder of the Registration Agreement will continue in full force and effect.
This Registration Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Registration Agreement will be effective only if in writing and signed by SearchSystems.net.
PART 12. I agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information I will receive from SearchSystems.net, and to protect that personal information from unauthorized access, destruction, use, modification, or disclosure.
PART 13. I make each of the above statements and certifications with respect to myself personally, as well as on behalf of my employer and any other person or entity to which I provide reports or information based on data obtained from SearchSystems.net's databases. I have the authority to act on behalf of all such other persons or entities in making these statements and certifications.
FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT BY ANY SUBSCRIBER WILL RESULT IN IMMEDIATE TERMINATION OF THAT INDIVIDUAL'S ACCOUNT!