These Terms and Conditions govern your use of the CallerComplaints.com website. Please read these Terms and Conditions carefully before using the CallerComplaints.com site. By using the CallerComplaints.com site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the CallerComplaints.com site.
1. ACCESS TO THE DATABASE. Upon registration, CallerComplaints.com and its partners grant you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, solely for the non-commercial purpose of performing lawful and appropriate searches for your own personal use. CallerComplaints.com and its databases are restricted to U.S. customers and information only. CallerComplaints.com does NOT buy, sell, rent, or distribute phone records or call logs under any circumstances. All searches of our databases are recorded, and you consent to such recording and to the provision of all information about your use of our databases to law enforcement and others as may be useful or required under subpoena or other legal proceedings in order to respond to allegations that our service or information has been or may have been misused. CallerComplaints.com and its partners reserve the right to publish aggregated search data (for example, the number of times a particular phone number was searched for). Such information does not identify you individually, and by conducting searches you agree to the aggregation and dissemination of search information without notification or compensation to you. \
2. GENERAL RESTRICTIONS. You agree to use our information only for appropriate, legal, non-commercial purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Systematic access or extraction of content from the CallerComplaints.com site or database(s), including the use of "bots", "spiders," or “scraping” technology within a browser or browser-like program is strictly prohibited and constitutes grounds for forfeiting your registration and membership. CallerComplaints.com prohibits caching, unauthorized hypertext links to the CallerComplaints.com site and the framing of any content available through the CallerComplaints.com site. CallerComplaints.com reserves the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through CallerComplaints.com and its affiliated websites to anyone without the express prior written consent of CallerComplaints.com. You may not: (a) use or permit the use of CallerComplaints.com data to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; (b) use or permit the use of CallerComplaints.com data for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party; or (c) voluntarily produce CallerComplaints.com data in legal proceedings.
3. FCRA RESTRICTIONS. CallerComplaints.com is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You shall not use any of our information as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
4. UNDER 18s. Children are not eligible to use our services and we ask that minors (under 18 years of age) do not submit any personal information to us.
5. MISUSE. In the event that CallerComplaints.com or its partners suspect that our 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 this information (including key search data) for such investigative purposes. You further agree to fully cooperate with all audits and investigations of our customers and our systems.
6. RIGHT TO CONTROL CONTENT. CallerComplaints.com reserves the right to maintain editorial control of content submitted by users and displayed on the site. Specifically, CallerComplaints.com may, in its sole opinion and/or discretion, edit, remove, or refuse to publish information it deems to be illegal, inaccurate, offensive, slanderous, libelous, profane, sexually explicit or otherwise inappropriate for inclusion and/or display on the site.
7. RIGHT TO PUBLISH USER SUBMITTED INFORMATION. By submitting caller complaint information you hereby irrevocably and unconditionally assign to CallerComplaints.com all right, title and interest in and to your submission, including without limitation all trademark, service mark, trade name, design, copyright, personal, moral and other intellectual property rights, and all goodwill therein. Upon written request by CallerComplaints.com you shall execute any and all instruments, assignments, affidavits and other documents requested by CallerComplaints.com at any time in order to effectuate and record the foregoing assignment. You recognize that the purpose of the submission is to create testimonials about callers, and that the submission may be used, published, displayed and modified by CallerComplaints.com and its affiliated Web sites in any manner, all without any compensation to you. CallerComplaints.com may remove a submission from its Web site and products and services at any time for any reason, without notice to you. You hereby represent and warrant to CallerComplaints.com that your submission does not misappropriate, violate or infringe the trademark, service mark, trade name, design, copyright, personal, moral or other intellectual property rights of any other person or company, that the submission is your own original work, that you have not registered or reserved any rights in the submission with any copyright or trademark office or other governmental authority anywhere in the world, and that you have all necessary rights and permissions to make the assignment required above. Additionally, you hereby agrees that the submission becomes the property of CallerComplaints.com and that the entry may be used, published, displayed and modified by CallerComplaints.com and its affiliated Web sites in any manner, all without any compensation to you.
8. LINKS. CallerComplaints.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CallerComplaints.com has no control over such sites and resources, you acknowledge and agree that CallerComplaints.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CallerComplaints.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.
9. TERMINATION. CallerComplaints.com may terminate or suspend any and all services and your CallerComplaints.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms and Conditions. Upon termination of your account, your right to use CallerComplaints.com will immediately cease. If you wish to terminate your CallerComplaints.com account, you may simply discontinue using the services. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. DISCLAIMER OF WARRANTIES. The information in our databases has been compiled from public records, user submissions, and other proprietary sources for the specific purposes of (1) locating individuals, property and businesses, and/or (2) providing general background information about individuals and businesses for verification purposes, and/or (3) for expressing opinions about problem callers. The information is provided “AS-IS” and neither CallerComplaints.com nor any of our data suppliers represents or warrants that the information is current, complete or accurate. CallerComplaints.com is not responsible for the content of submitted complaints and HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL CALLERCOMPLAINTS.COM BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CALLERCOMPLAINTS.COM SITE OR A LINKED SITE, EVEN IF CALLERCOMPLAINTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE OPINIONS EXPRESSED BY A USER OR THE USER’S OF CALLERCOMPLAINTS.COM ARE STRICTLY THOSE OF THE CONTRIBUTOR AND DO NOT NECESSARILY REFLECT THE OPINION OF CALLERCOMPLAINTS.COM.
11. INDEMNIFICATION. You agree that you shall indemnify, defend and hold harmless CallerComplaints.com, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our site and/or database(s), against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our site and/or databases and your use or distribution of any information obtained from the databases. We will promptly notify you of any such claim.
12. AMENDMENTS TO TERMS AND CONDITIONS. CallerComplaints.com has the right to amend these Terms and Conditions at any time and without notice to you. Such amendments shall be effective immediately upon posting. You agree to review the CallerComplaints.com site periodically to be aware of any such amendments. Your continued use of CallerComplaints.com after such amendments have been made shall constitute acceptance of the amendments.
13. MISCELLANEOUS. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind CallerComplaints.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. CallerComplaints.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond CallerComplaints.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with CallerComplaints.com's prior written consent. CallerComplaints.com may transfer, assign or delegate these Terms and Conditions and its rights and obligations without consent. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California.
14. TRADEMARKS. CallerComplaints.com, and other CallerComplaints.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of CallerComplaints.com in the U.S. and/or other countries. CallerComplaints.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion to consumers or other users or recipients or the trademark.