Terms of Service

Last updated: August 19, 2026

Effective date: August 19, 2026

IMPORTANT: Please take some time to review these Terms and Conditions that You are entering into, and please note and pay special attention to our dispute resolution policy which requires binding arbitration on an individual basis to resolve disputes (rather than jury trials or class actions, and also limits available remedies) in most circumstances.

Terms and Conditions

WE ASK THAT YOU KINDLY CLOSELY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES, OPTING-OUT LINK AND FCRA AND OTHER USE RESTRICTIONS SET FORTH BELOW BEFORE YOU USE, ACCESS, POST OR PURCHASE ANY ITEM ON www.publicsearchesnow.com, THE 365 DataSolutions APPLICATION, OR ANY OTHER AFFILIATED WEBSITE OR MOBILE APPLICATION THAT LINKS TO AND UTILIZES THESE TERMS (ALL SUCH PLATFORMS, COLLECTIVELY REFERRED TO AS THE "SITE"). BY USING OR MAKING ANY PURCHASE ON THE SITE, YOU EFFECTIVELY DEMONSTRATE IN FULL YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, PROVIDE ANY INFORMATION TO, OR PURCHASE ANY ITEMS ON, THE SITE.

Please note that, among other items, these terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. Please carefully review the dispute resolution section below.

Definitions

For the purpose of these Terms and Conditions:

“Site” refers to all 365 DataSolutions platforms.
“Terms” refers to these Terms and Conditions, including any updates, amendments, or additional terms incorporated by reference, such as the Privacy Policy.
“You” or “Your” means any individual or entity who accesses and uses the Site.
“365”, “We”, “Our”, or “Us” refers to 365 DataSolutions, including its affiliates, subsidiaries, employees, directors, officers, agents, and any other representatives authorized to act on its behalf.
“Content” refers to content, information, media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, products, services, software functionality and other materials posted to or made available through the Site.
“Third Party Providers” refers to third party entities or individuals who are not owned, controlled, or operated by 365 DataSolutions but who offer services, products, content, or functionality that may be accessed through, integrated with, or linked to the Site.
“Profile Search” refers to an individual about whom publicly available information is gathered and provided by publicsearchesnow.com or its third party providers.
“365 Queries” refers to the information on individuals that can be searched for and accessed through the Site or associated services.
“Background Information Service” refers to the combined services of both a Profile Search and 365 Queries.
“Profile Report” means a purchasable report generated from a Profile Search.
“Privacy Policy” refers to the document outlining how publicsearchesnow.com collects, uses, stores, shares, and protects personal information provided by users or collected through their use of the Site. The Privacy Policy also explains users’ rights regarding their data and the measures in place to safeguard privacy, in accordance with applicable laws and regulations.
“Claims” are claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability including the interpretation, applicability, enforceability, or formation of this arbitration agreement, and shall be resolved by the final and binding arbitration procedures set forth below.
“Service Claim” refers to any dispute, complaint, or claim that arises between you and publicsearchesnow.com related to the provision or use of the Site and its services, including but not limited to Background Information Services.

Introduction and an initial note regarding the Fair Credit Reporting Act and related obligations
Scope of these Terms
License Grant
Electronic Signature and Legal Age Requirement
Reviews and Content Guidelines
Mandatory Arbitration
Class Action Waiver and Dispute Resolution
Governing Law and Forum Selection
Modifications to these Terms
Restrictions on Your Use of the Site and Information Obtained from 365—Your Obligations
Some of Our Reserved Rights
Promotional Prices and Discounts
Proprietary Rights
Social Media Forums, Rights to Use and Use at Your Own Risk
Your Grant of License to Feedback, et al.
Purchasing Process
Fees and Taxes
Billing
Treatment of Reversals and Chargebacks
Removing Your Information
Privacy Policy
Disclaimer of Warranties
Limitation of Liability
Indemnification
Links to other Websites and Third Party Products/Services, all at Your own Risk
Equitable Relief
Audit
Digital Millennium Copyright Act
Waiver & Severability
Misconduct
Transferability
Force Majeure
Your Relationship with 365
Entire Agreement
Notices
How to Contact Us
Important Reminder: Certain Prohibited Uses of the Site

1. Introduction and an initial note regarding the Fair Credit Reporting Act and related obligations

These Terms and Conditions (collectively, the "Terms"), together with our Privacy Policy, represent the legally binding agreement between you ("You" or "Your") and 365 DataSolutions, LLC, owner of publicsearchesnow.com ("365," "We," "Our," or "Us"). These Terms govern your access and use of, but not limited to, the Information, Site, Service, Software, and Functionality provided by 365 on or through the Site.

365 is a database of publicly available sources of information aggregated for Your convenience, intended for personal individual use rather than for professional purposes (see section 10), that makes available services that allow users to search for information as permitted by these Terms. Through 365, end-user visitors to the Site can view and/or access certain content, information, media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, products, services, software functionality and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed and displayed by 365 and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Profile Search") that can be searched for and accessed through the Site or other services We make available ("365 Queries"; together with Profile Search shall collectively be referred to as "Background Information Services").

365 IS NOT A CONSUMER REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.

You may not use the Site, Profile Search, Content, the 365 Queries, or any information obtained from 365 in connection with any FCRA purpose including determining a prospective candidate's suitability or eligibility, or an existing consumer's continued eligibility, for (a) health insurance or any other insurance; (b) credit and/or loans; (c) employment, including household workers; (d) education, scholarships or fellowships; (e) housing or other accommodations; (f) benefits, privileges or services provided by any business establishment; (g) eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or (h) any other purposes that would require FCRA compliance (See 15 USC 1681b, subsections (a)(3) through (a)(6)).

WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.

Accordingly, You acknowledge and agree that You will not conduct any 365 Queries or otherwise obtain or use any Content or other information obtained from or through the Site about a Profile Search or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Profile Search including, but not limited to, information obtained through 365 Queries, as a factor in determining the Profile Search's eligibility for:

Employment Purposes, including, but not limited to, reviewing a candidate's suitability for new employment, promotion, reassignment, or continued employment (this includes roles like household staff such as babysitters, cleaners, nannies, contractors, and other domestic workers);
Rental or Leasing Decisions, such as determining whether to rent residential or commercial properties to an individual;
Educational Programs or Scholarships, including, but not limited to, evaluating an individual's eligibility for admission or financial aid like scholarships;
Personal Financial Services, including assessing risk factors for providing credit, loans, or insurance based on the individual's existing financial obligations; and/or
Consumer-Initiated Business Transactions, such as determining if an individual remains eligible for the terms of a personal account or ongoing customer relationship.

Nor may you use any Content in order to take any "adverse action" as such term is defined in FCRA. Using information about a Profile Search obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from 365 complies with these restrictions, please contact us before conducting any 365 Queries or otherwise obtaining information about a Profile Search from 365.

2. Scope of these Terms

We reserve the right at any time and without notice to deny You access to the Site or to any portion thereof and to terminate Your rights under these Terms, in Our sole and absolute discretion. Your rights under these Terms will terminate automatically if You fail to comply with these Terms, subject to the survival rights of certain provisions identified herein. Termination will be effective without notice. Upon termination, You must promptly destroy all copies of any aspect of the Site in Your possession, custody or control. These Terms govern: Your use and access of the Content We provide and/or make available through the Profile Search and Site; Your purchase of a report generated from a Profile Search ("Profile Report"); and Your use of any 365 Queries provided to You in connection therewith.

3. License Grant

I. License Grants for Use of Website

Subject to your continued strict compliance with the terms and conditions of this document and subject to the limitations below, We provide to You a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferable license to use the Site. Your access, view, download, or otherwise use any information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, You hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by 365 in its sole and absolute discretion; (ii) 365 has the right to control and direct the means, manner, and method by which the Site is provided; (iii) 365 may, from time to time, engage with independent contractors, consultants, or subcontractors to aid 365 in providing the Site or use thereof; and (iv) 365 has the right to provide the Site to others. In addition, You hereby acknowledge and agree that these Terms provide You with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that 365 transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else under these Terms. 365 hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.

II. License Grant Associated with Background Information Services Provided Under a Profile Report

Upon your purchase of a Profile Report, 365 hereby grants to You a limited license to use its Background Information Services and any data contained therein, subject to the restrictions and limitations set forth herein. We hereby grant You a limited license to use our Background Information Services offered in connection with a Profile Report solely for your own internal personal purposes while an active user of the Site. You represent and warrant that all of your use of our Background Information Services shall be for only legitimate purposes. You shall not use Background Information Services for commercial, collections, advertising or marketing purposes or resell or broker services to any third-party and shall only use Background Information Services for personal purposes that do not involve a business transaction. You shall not use Background Information Services to provide data processing services to third-parties or evaluate the data of or for third parties. You agree that if 365 determines or reasonably suspects that continued provision of Background Information Services to You entails a potential security risk, or that You otherwise violate any provision of these Terms, or any of the laws, regulations, or rules described herein, 365 may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the Background Information Services. You shall not access Background Information Services from Internet Protocol addresses located outside of the United States and its territories without the Company's prior written approval. In any event, You understand and agree that (i) Background Information Services are provided to You in the United States at the point at which You access 365's server facilities; and (ii) 365 and its third party information providers make no representation regarding the legality of accessing such Background Information Services from outside of the United States and its territories.

You may not use Background Information Services to create a competing product. You shall comply with all laws, regulations and rules which govern the use of Background Information Services and information provided therein. 365 may at any time mask or cease to provide You access to any Background Information Services or portions thereof which 365 may deem, at our sole discretion, to be sensitive or restricted information.

You acknowledge that the Background Information Services available through a Profile Report may include personally identifiable information and it is your obligation to keep all such accessed information confidential and secure.

4. Electronic Signature and Legal Age Requirement

These Terms apply to You when You: (a) access, view, download, or otherwise use any page on the Site other than the home page located at www.publicsearchesnow.com and/or (b) purchase the Profile Report which enables You to utilize our Profile Search Information and Content.

By engaging in either of these actions, You acknowledge and agree that You (a) have read, understand and agree to be bound by these Terms in their entirety; (b) consent to the use of electronic signatures, contracts, orders and other records, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site or through any other interactions with 365; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. By providing Your email address, You agree to receive email from Us. The Site and its services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If You are under eighteen (18) years of age or do not agree to these Terms in their entirety, do not access, view, download or otherwise use any page on the Site other than the home page located at www.publicsearchesnow.com. The 365 Privacy Policy ("Privacy Policy") is part of these Terms and is incorporated herein by reference.

By accepting these Terms, You hereby acknowledge, understand and agree to the collection and use of certain of Your personally identifiable information by the Site as described in the Privacy Policy. Any requests to remove Your information from our Profile Search results will be governed by the procedures described in the Privacy Policy: https://www.publicsearchesnow.com/data-privacy-requests

5. Reviews and Content Guidelines

To the extent You wish to post honest reviews and commentary of the Site, 365 Queries, our Profile Search and any corresponding services or items, and/or any forum contributions, You hereby acknowledge and agree to the following:

You must already have purchased a Profile Report in the past;
You will provide 365 with Your email address that is the same email address that You provided when You purchased a product from the Site and You understand that, to the extent your email address does not match an email address associated with a user of the Site, your review and/or forum contribution may not be posted and/or may be removed;
You will only provide honest and relevant reviews and/or forum contributions that reflect Your own personal experiences with the Site;

You will not post, display, upload or transmit any of the following:

Content that libels or otherwise defames, stalks, intimidates, harasses, abuses, threatens or in any way infringes upon the rights of others;
Anything that could reasonably interfere with or disrupt the operation of the Site and/or affiliated websites;
Unauthorized copyrighted materials or any other content that infringes on the intellectual property, privacy and/or publicity rights of others;
Material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of 365;
Content that encourages criminal conduct, could give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
Obscene, profane, vulgar or otherwise objectionable language or images;
Content that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
Statements or material that misrepresents Your affiliation with Us or any of our related entities; and
Irrelevant or other off-topic statements or material.

You acknowledge and agree that 365 reserves the right, in our sole discretion, to not post or to remove any posted review and/or forum contribution for any reason and without notice or notification. Similarly, We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

6. Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS DEFINED ABOVE) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND 365 SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. This arbitration provision is intended to be broadly interpreted. Without limiting the foregoing, You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our directors, officers, employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, our Background Check Services, our Profile Report, related services and materials, any related transaction or relationship between Us resulting from Your use of our Site and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability including the interpretation, applicability, enforceability, or formation of this arbitration agreement, shall be resolved by the final and binding arbitration procedures set forth below (all collectively "Claims"). You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, You agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.

The arbitrator will decide the substance of the Claims in accordance with the laws of the State of Florida, regardless of choice of law principles. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the laws that apply to the Claims except as limited by the provision above requiring that claims be adjudicated on an individual basis. The arbitrator's award shall be final and binding, and judgment upon any award rendered by the arbitrator may be entered by a court of competent jurisdiction. Unless otherwise prohibited by law, regardless of the manner in which the arbitration is conducted, the arbitrator shall not issue a reasoned written decision.

7. Class Action Waiver and Dispute Resolution

Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.

YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, 365 QUERIES OR OUR SERVICES.

At 365, We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, our Site and its services, such as the Profile Search. If You have a complaint, You can contact Our customer service team as described in the "How to Contact Us" section below. In the unlikely event that Your complaint remains unresolved, We prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, You and 365 agree to the following resolution process for all disputes and claims that You or 365 may have arising from Our provision, or Your use, of our Site and its services, such as Background Information Services (each a "Service Claim").

In an attempt to find the quickest and most efficient resolution of any Service Claim, You and 365 agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution by email to support@publicsearchesnow.com and/or certified mail to: 365 DataSolutions, Attn: Legal Dispute – 3250 Bonita Beach Rd., #205-213, Bonita Springs, FL 34134. To subsequently discuss Your Service Claim with You, We will contact You using the email address or mailing address You provide in Your letter to Us. If 365 wants to raise a Service Claim, We will send You the aforementioned description and claim notice at the email address that We have on file for You. If We do not have an email address for You on file, 365 will send Our Service Claim to You through a means that complies with the service of process rules of the State of Florida.

IF YOU AND 365 DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND 365 AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. ("ARS") USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.

EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK. BOTH 365 AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND 365 AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.

Rather than force everyone to visit Us in Florida, ARS' arbitration contemplates arbitration without travelling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.

When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS's Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and 365 acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction. If the arbitrator rules against 365, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that 365 reimburse Your reasonable attorneys' fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in 365's favor, We will not seek reimbursement of Our attorneys' fees and costs, regardless of who initiated the arbitration.

This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR'S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

8. Governing Law and Forum Selection

These Terms shall be treated as though they were executed and performed in Florida and shall be governed by and construed in accordance with the laws of Florida (without regard to conflict of law principles).

9. Modifications to these Terms

We may modify these Terms, in whole or in part, from time to time in Our sole discretion, effective immediately upon posting modified Terms to the Site; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees and Taxes section and Billing section shall not apply to any charges incurred prior to the applicable modification. Unless explicitly stated otherwise, any future offer(s) made available to You on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms.

10. Restrictions on Your Use of the Site and Information Obtained from 365—Your Obligations

You are granted a non-exclusive, non-transferable, revocable limited license to access and use the Site, Content, Background Information Services, and certain other services, in accordance with these Terms for individual, personal (not professional) use. You acknowledge and agree that 365 may terminate this license at any time for any reason, but especially in the event that You fail to observe the permissible uses of the Site, as further set forth below.

As a condition to access the Site and its assorted services, and without limiting the generality of the foregoing, You agree that, unless otherwise expressly authorized by these Terms or in writing by 365, You will not:

Conduct any Background Information Service or otherwise obtain or use any Content or other information obtained from or through the Site about a Profile Search for purposes prohibited by FCRA:
Because 365 is neither a Private Investigator Service nor a Consumer Reporting Agency, You are prohibited by FCRA from using any information obtained from the Site about a Profile Search including, but not limited to, information obtained through 365 Queries, as a factor in determining the Profile Search's eligibility for:
- employment, including, but not limited to, when evaluating a Profile Search for initial employment, reassignment, promotion or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors and domestic workers);
- tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to a Profile Search;
- educational admission or benefits, including, but not limited to, assessing a Profile Search's qualifications for an educational program or scholarship;
- personal credit, loans or insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Profile Search's existing debt obligations;
- business transactions initiated by an individual consumer, including, but not limited to, determining whether a Profile Search continues to meet the terms of a personal customer account;
- adoption of a pet, service animal, human or any other item being considered for entrusting, custodianship or participation in any related activity, program or process; and
- participation in, consideration for, or admission to any non-profit or charitable program.
Using information related to the Background Information Service obtained from 365 in these ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously and reserve the right to terminate user access, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from 365 complies with these restrictions, please contact Us at support@publicsearchesnow.com before conducting any Background Information Services from 365.
Use the Site, its assorted services or Content, including, but not limited to, 365 Queries:
1. In violation of any applicable foreign or domestic laws, statutes, rules, regulations or judicial decrees;
2. To seek information about or harm minors in any way;
3. In connection with identity theft, financial, email, or other fraud and/or in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or dox in any way, stalk or otherwise harass, mass-market, robo-dial or SPAM any other person (and please be advised that phone numbers and addresses provided on the Site may be protected and restricted via do-not-call, unsubscribe or other telemarketing activity registries and contact restrictions—for example, pursuant to law, telemarketers and sellers are required to search applicable Do Not Call registries at least once every 31 days and drop from their call lists the phone numbers of consumers who are registered, failure to do so is against the law and a breach of these Terms);
4. To produce or distribute any libelous, obscene or indecent material;
5. To infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other proprietary rights, publicity rights and/or privacy rights); or
6. To seek information about celebrities or public figures.
Use the Site, its assorted services or Content and/or 365 Queries in connection with activity that (including by posting, publishing or transmitting any text, comments and/or other material that):
1. Is defamatory, false, misleading, obscene, pornographic or offensive;
2. Promotes bigotry, racism, hatred or harm against any individual or group;
3. Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
4. Invades another's privacy;
5. Accesses, tampers with, or otherwise uses non-public areas of the Site;
6. Infringes another's rights, including any intellectual property rights;
7. Is in connection with sending unsolicited email, junk mail, "spam" or chain letters, promotions or advertisements for products or services or altered, deceptive or false source-identifying information; and/or
8. Impersonates or misrepresents Your affiliation with any person or entity.
Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers or spiders);
Create any "derivative works" by altering any aspect of the Site, Content, 365 Queries, Profile Report or Our other services;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or the access of any user, host, network or platform (including, without limitation, sending a virus, spamming, overloading or mail-bombing the Site), or to bypass, disable or block any portion of the Site, associated software, or any 365 server or computer system or breach any security or authentication measures associated therewith;
Take any action that, as determined in 365's sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure, and/or requests or downloads an inordinate volume of reports indicative of a prohibited use case;
Distribute, transmit in any way to any other computer, website or other medium or end-user, or otherwise provide any of Our services or other material posted to or made available by or through the Site, including, but not limited to, Content and results of 365 Queries, in any way to any third party. For the avoidance of doubt, You agree that You will strictly treat all such material as confidential information and take all reasonable steps to ensure that such material is stored in a secure manner;
Forge any instructions coming from Your computer or otherwise obfuscate the name or location of Your computer or IP address, such as via a Virtual Private Network, in order to disguise the origin of any communication You transmit to or through the Site;
Publish a link to a 365 web page other than 365's home page (known as "deep-linking");
Provide or submit any information or data to 365 or conduct any 365 Queries concerning a Profile Search that You are not authorized to provide, submit or conduct;
Directly or indirectly download, reproduce, create, compile or incorporate any part of the Site including, but not limited to, Content, 365 Queries and Our other services, into any database, collection, compilation, directory or information retrieval system, electronic or otherwise;
Use the Site, Content, 365 Queries or Our services in conjunction with any other third-party content;
Cover or otherwise obfuscate any advertisement located on 365;
Use, copy, reproduce, record, retransmit, emulate, clone, sell, resell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile or translate any part of the Site, Content, 365 Queries, Our other services or other material posted to or made available by or through the Site, for any commercial purpose or for any purpose that is competitive, in 365's sole determination, to 365;
Simulate the appearance or function of 365 on another website, such as through "framing" or "mirroring";
Use the Site via multiple sessions concurrently, permit others to use Your purchased Profile Reports or otherwise grant access to others;
Attempt to, or in any fashion, use Our Site for unsolicited contact;
Access the Site through any automated or manual process for the purpose of mass marketing, spam, direct mail or monitoring the Site's performance, functionality, vulnerability or availability for any commercial purpose or with tampering or destructive intent;
Use the Site, Content, 365 Queries or any of Our services for professional, commercial, business, governmental, collections, marketing, lead-list generating, advertising or broker/reseller services purposes or for any purpose other than personal (non-business) purposes; or
Access the Site from, or seek information on persons residing, outside the United States.

Above and beyond each of the foregoing, any unauthorized use (or attempt to use) of the Site may result in criminal and civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. We must reserve the unqualified right to view, monitor and record activity on the Site as needed, without any notice to or permission from You. Any information obtained thereby remains subject to review by law enforcement organizations in Our sole discretion. We also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order/subpoena. In addition, We reserve the right at any time and without advance notice to modify, suspend, terminate or temporarily interrupt operation of or access to the Site or any portion thereof.

11. Some of Our Reserved Rights

We allow access to the Site as it may be available at any given time as contemplated and provided for in these Terms. You are solely responsible for Your use of the Site and any information You obtain from the Site. 365 reserves the right to:

Monitor, view, record, review, audit or otherwise police Your or others' use of the Site, 365 Queries, Our other services or the associated information made available by users ("Registration Data");
Moderate any dispute between You and any other third party, including, but not limited to, disputes with other Site visitors, users, or Profile Search;
Verify the identity of any person using the Site, including any user/visitor who purchases a Profile Report, as well as the purpose(s) for which any user or visitor is using the Site;
Not accept, reject or cancel any orders that We suspect, in Our sole discretion, to be fraudulent, whether the result of, or otherwise associated with fraudulent activity, or a violation of these Terms. We further reserve the right to cancel or not accept subsequent orders from customers with a previous fraudulent order history; and orders connected to previous credit card disputes; and/or
Monitor the volume and uses of users utilizing the Site for potentially professional purposes and audit, inquire as to, require reaffirmation of, restrict, limit or deactivate such users' use for compliance purposes and as We deem appropriate in Our sole discretion. Accordingly, please don't be offended if we ever need to contact You to better understand and ensure that any use is compliant with these Terms and applicable law.

12. Promotional Prices and Discounts

Any applicable promotional prices or discounts will be identified at the time of the purchase of Your order on the checkout page.

13. Proprietary Rights

The proprietary rights to all Content, including, without limitation, the 365 Queries, a Profile Report, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to 365 and are protected under applicable laws (including, but not limited to, copyright, trademark and other intellectual property laws). Except as expressly provided in these Terms or with 365's express written consent, You are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, trademarks, service marks, know-how or other proprietary rights of 365 or with respect to any of the Content. The "publicsearchesnow.com" name and logo as well as all custom graphics, icons and service names are trademarks of 365 and these and all other rights are reserved. All other trademarks are the property of their respective owners.

365 reserves any and all rights not explicitly granted in these Terms. By using the Site, You do not acquire any ownership rights to the Site, Our services, Content, or any other information obtained therefrom.

14. Social Media Forums, Rights to Use and Use at Your Own Risk

You acknowledge and agree that You have no proprietary interest in the contents of the Site or any affiliated websites whatsoever, including, without limitation, any social media pages or forums that We control, such as blogs, message boards, comment areas and other interactive features and functionality where users may post certain comments and other content. Moreover, by submitting Your feedback, suggestions, commentary, review(s) and/or forum contributions, You grant Us a royalty-free, irrevocable, non-exclusive, assignable, transferable and sublicensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform and display such content or information (in whole or in part) contained in the review or forum for any purpose and/or to incorporate into other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that You have all necessary rights to make Your review and/or forum contributions available to Us and to the Site and You also acknowledge and agree that such reviews and/or forum contributions are non-confidential for all purposes and that We have no control over the extent to which any idea or information therein may be used by any party once such content is posted or displayed. You hereby acknowledge and agree that We assume no responsibility for, and recommend that You do not post, display or transmit, any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own reviews and forum contributions.

15. Your Grant of License to Feedback, et al.

We welcome feedback and suggestions about how to improve the Site, the Content and 365 Queries. By transmitting any ideas, suggestions, information, or other material, You represent and warrant that such feedback does not infringe, misappropriate or violate the intellectual property or proprietary rights of any third party and that You have all rights necessary to convey such feedback to Us.

Accordingly, You acknowledge and agree that You grant to 365, subject to the Privacy Policy, an irrevocable, perpetual, royalty-free, worldwide, unlimited, transferable, assignable, sublicensable, fully-paid-up non-exclusive right and license to copy, display (in whole or in part), adopt, distribute, publish, reproduce, disseminate, transmit, create derivative works of, commercialize, retain, analyze and otherwise use, worldwide, in any form, media or technology now known or later developed and without any obligation to notify, approve, identify or compensate You or anyone else (and You hereby expressly waive any claim to the contrary), any information, ideas, concepts, comments, feedback, suggestions, Content, and any other materials that You submit, directly or indirectly, to 365 through the Site, including, but not limited to, any information associated with Profile Searches and any ideas or suggestions regarding the Site or Our services. By submitting such information or materials to us, You represent and warrant that Your submission and 365's use of Your submission do not and will not breach any agreement, violate any law, or infringe any right of any third party (including, but not limited to, privacy and intellectual property rights), and that the information You submit is accurate. 365 does not solicit ideas, concepts or other materials from You regarding improvement of the Site or services provided through the Site and You acknowledge that You are responsible for, and bear all risk as to the use or distribution of, any such ideas, concepts or materials.

16. Purchasing Process

Before completing the purchase process, it is the user's responsibility to ensure that all information is accurate, including, but not limited to, billing details, email address, discount codes and the selection of the desired Profile Report. 365 will not provide any refunds for any inaccuracies related to the purchase process of Profile Reports. Upon completion of the process, users will receive the selected Profile Report to the email address provided to 365.

17. Fees and Taxes

If You wish to use the Site's services or otherwise purchase any product or service through the Site, You will be presented with the applicable fees and billing arrangement prior to Your purchase, which include the charging of fees to a payment card on a recurring basis. By ordering any product via our Site, You authorize Us to charge your card accordingly. As with any merchant, for Your protection, we may request additional information to authenticate the credit card being used, and absent successful authentication, we may refuse to accept an order. If you believe that your credit card or other payment method might have been used in a fraudulent manner to purchase a Profile Report or any of 365's Services, please contact our customer service department as soon as possible. We do not accept payment via check, cash or money order. In addition to the applicable order fees, depending upon the state in which you reside, either You, or We on Your behalf, are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, Your use of the Site's services. All orders are subject to applicable taxes in the states where the applicable customer resides and You authorize us to take all appropriate measures to comply with any and all applicable laws and statutes in connection with the foregoing.

18. Billing

BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying payment card information, You authorize Our use of such information in accordance with Our Privacy Policy, including, but not limited to, Our provision of such information to third parties for the purposes of payment processing. You also understand and acknowledge that 365 uses a third-party payment processor to process credit card payments on Our behalf, and when You supply payment information in connection with a purchase, You agree that 365 is not responsible for the security of such information when it is in the control of the third-party payment processor.

19. Treatment of Reversals and Chargebacks

As occurs with other online merchants, intentional credit/debit card reversals and chargebacks are frequently indicators of possible fraudulent use and/or theft of Our services and We may treat them as such. We reserve the right to investigate further and file complaints with the appropriate local and federal authorities. Please be advised that We regularly monitor all internet protocol address information and other user activity and that this information may be used in a civil and/or criminal case against any customer, especially in instances of possible theft or fraudulent behavior.

20. Removing Your Information

If You wish to remove Your personal information from the Site, please visit the Opt-out page.

21. Privacy Policy

You hereby understand, acknowledge, and agree that the operation of certain portions of the Website and/or the receipt of certain information or benefits may require the submission, use, and dissemination of certain personally identifiable information. Accordingly, if you wish to access and use those areas of the Website, and/or receive such information or benefits, you hereby acknowledge and agree that your use of this Site will constitute acceptance of 365's personally identifiable information collection and use practices. Please see the Company's Privacy Policy for a summary of the Company's personally identifiable information collection and use practices. The Company's Privacy Policy is located at https://www.publicsearchesnow.com/data-privacy-requests and incorporated herein by this reference.

22. Disclaimer of Warranties

You acknowledge that this Site could include technical or other mistakes, inaccuracies or typographical errors. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, 365 QUERIES AND ANY OTHER 365 PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, 365 AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, 365 QUERIES OR ANY OTHER 365 PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, 365 QUERIES AND ANY OTHER 365 PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. 365 AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 365, ANY OTHER USERS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

We reserve the right at any time to make any changes to the Site, and add content, materials and features to, and discontinue content, materials and features from, that which is currently a part of Our Site, 365 Queries or other Content. You assume the sole risk of using and/or relying on the Content available on the Site.

You understand that You may not yet have access to certain information that is otherwise available. For example, please bear in mind that criminal record data provided within 365 Queries or otherwise through our Site may include records that have since been reversed, expunged, sealed or otherwise changed and/or rendered inaccessible to the public since the date on which such data was last updated or collected.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND WE DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. The views and opinions expressed in any blogs, posts, articles or other areas of the Site are those of their respective authors and do not necessarily reflect Our policy or position.

YOU ACKNOWLEDGE AND AGREE THAT SO-CALLED "FALSE POSITIVES" (search results obtained from Our data providers that indicate a given fact, which is inaccurate and/or does not actually pertain to the subject in question, due to similarly named individuals and other reporting errors) MAY OCCUR AND ANY SEARCH RESULTS AND/OR OTHER INFORMATION PROVIDED VIA THE SITE MAY NOT ACCURATELY, FULLY REFLECT OR PRECISELY MATCH THE PARTICULAR INDIVIDUAL OR SPECIFIC ENTITY YOU MAY BE SEEKING.

We use commercially reasonable efforts to deliver the items You are seeking, but You recognize, acknowledge and agree that We obtain all of the 365 Queries data from third-party sources, which may or may not be completely thorough and accurate, and You should never fully rely on the accuracy or completeness of information obtained herein. We do not and cannot make any representations or warranties with respect to the use or the results of the use of any information, in any format, made available through, or accessible on the Site. We make no representations or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of the Content for any purpose and expressly disclaim all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement.

The information available on the Site is not necessarily 100% accurate, complete or up to date, so please do not use it in lieu of Your own common sense due diligence, especially where a person's criminal history may be concerned. We receive Our data from a variety of licensors and sources and cannot make any firm representation or warranty regarding the accuracy thereof or concerning the actual character or integrity of those about whom You inquire.

23. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 365 AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (though some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You) INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF 365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, 365 QUERIES OR ANY OTHER 365 PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY 365 PRODUCTS, SERVICES, CONTENT OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY 365; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER 365 PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE 365 AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, 365 QUERIES OR ANY OTHER 365 PRODUCT AND/OR SERVICE MAY BE BROUGHT BY YOU OR 365 MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 365 AND ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

24. Indemnification

You agree to defend, indemnify and hold 365, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Profile Search, arising from or related to: (a) Your use of the Site or any Content You obtain through the Site, including, but not limited to, information obtained through 365 Queries and other information about Profile Searches; (b) Your failure to comply with these Terms including, but not limited to, Your violation of any laws or any rights of another individual or entity; or (c) any claim that 365 is obligated to pay any taxes in connection with Your use of the Site, Our services or otherwise. The provisions of this paragraph are for the benefit of 365, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on his, her, or its own behalf.

25. Links to other Websites and Third Party Products/Services, all at Your own Risk

For Your convenience in locating or accessing related information, products and services, this Site may link you to other sites on the Internet (which are maintained by third parties over which We exercise no control) or otherwise include references to information, documents, software, materials and/or services provided by other parties and/or made available through such third party websites. These links do not imply Our endorsement of any third party or their products or services and We have not necessarily fully reviewed all such items. These sites may contain information or material that some find inappropriate or offensive. Because such sites and parties are not under Our control, We expressly disclaim, and You acknowledge that We are not responsible for, the accuracy, quality, availability, copyright compliance, legality, decency or any other aspect of the content of such sites, nor are We responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Us, or any warranty of any kind, either express or implied. These links and advertisements are often to other websites, owned and operated, and feature content, products, services, materials, events and offers provided, by third parties. In some instances, these websites are co-branded and the third parties are entitled to use Our name and logo on their websites. We do not control the information, products or services available on or through these third-party websites. The inclusion on the Site of a third-party link does not imply endorsement by Us of the applicable website or any association with the website's operators. Because We have no control over such websites, You acknowledge and agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which are subject to those websites' respective policies and terms. If You click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties or representations associated with such dealings or promotions are solely between You and the applicable advertiser or other third party, and You agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage You suffer through Your dealings with or based on Your reliance on any material made available by such advertisers. Accordingly, we make no representations with respect to, nor can we guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third-party offerings. In addition, Your interactions with third parties on the Site are solely between You and such third parties. We expressly disclaim responsibility and liability for all third party provided content, products, services, materials, events and offers contained on or accessed through the Site, and You agree that We are not responsible for any loss or damage of any kind incurred as a result of any such interaction or as the result of the presence of such third parties' content, products, services, materials, events and offers on the Site.

26. Equitable Relief

You agree that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Site or 365 Queries would result in irreparable injury to 365 for which monetary damages would be inadequate. In such event, 365 shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to 365.

27. Audit

You understand and agree that, in order to ensure compliance with applicable laws, regulations or rules, regulatory agency requirements, these Terms, and 365's obligations under its contracts with its data providers and the Company's internal policies, the Company and its data providers may conduct periodic reviews of your use of its Background Information Services and may, upon reasonable notice, audit your records, processes and procedures related to Customer's use, storage and disposal of the Background Information Services and information received therefrom. You agree to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by the Company will be subject to immediate action including, but not limited to, suspension or termination of the Limited License to use the Background Information Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

28. Digital Millennium Copyright Act

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. Responses may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. It is our policy to document all notices of alleged infringement on which we act. Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act. Please send all written communications relating to copyright issues to:

Email: support@publicsearchesnow.com
or write:
3250 Bonita Beach Rd.
#205-213
Bonita Springs, FL 34134

I. Infringement Notification

To file a notice of infringement with us, you must provide a written communication (by fax or regular mail – not by email, except by prior agreement) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Your communication must include substantially all of the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identify in sufficient detail the location of copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on https://www.newco.com/uglytext_page.html") or other information sufficient to specify the copyrighted work being infringed. If multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

II. Counter Notification

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication (by fax or regular mail – not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers). Your communication must include substantially the following:

A physical or electronic signature of the user.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number.
The following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, (or Santa Cruz County, California if your address is outside of the United States), and that I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

III. Individual Termination

365 will, in appropriate circumstances, terminate repeat infringers. If you believe that an individual is a repeat infringer, please follow the instructions above to contact 365's DMCA agent and provide information sufficient for us to verify that the individual is a repeat infringer.

29. Waiver & Severability

365's failure to enforce a specific right or remedy for any breach of, or insist upon strict adherence to, any provision of these Terms shall not operate as or be construed to be a waiver of 365's right to enforce its remedies for breaches of, or insist upon strict adherence to, such provision or any other provision of these Terms. Any waiver of a provision of these Terms must be contained in a signed writing by a duly appointed officer of 365.

If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.

30. Misconduct

365 reserves the right to restrict, suspend or terminate Your use or access to the Site if We determine, in Our sole and absolute discretion, that You have violated these Terms.

31. Transferability

These Terms will be binding on, inure to the benefit of and be enforceable by 365's successors and assigns. You are not permitted to transfer, assign, novate or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of 365, and 365 reserves the right to immediately terminate Your use of the Site and Our services if You attempt to do so.

32. Force Majeure

Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms on account of either party's delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party's reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other comparable labor difficulties); and (b) the party is unable to overcome through the exercise of commercially reasonable diligence ((a) and (b), collectively, a "Force Majeure Event"). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.

33. Your Relationship with 365

Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between 365 and You or any other party. You have no authority to make or accept any offers or representations on behalf of 365.

34. Entire Agreement

These Terms, the Privacy Policy, and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published or agreed upon by You from time to time, which are expressly incorporated herein by reference, shall constitute the entire and only agreement between You and 365 with respect to Your use of the Site. These Terms supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to Your use of the Site and the content contained therein. To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by Us, contains any representation, term or condition that is in conflict or inconsistent with these Terms, these Terms shall take precedence unless revised terms or conditions are contained in a signed writing by one of Our duly appointed officers.

35. Notices

365 may provide legal and other notices to You, in 365's sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by email, postal mail, overnight courier or facsimile to any contact address or number that You have provided to 365. If You wish to provide notice to 365, You shall send such notice, postage prepaid by either U.S. certified mail or by international or domestic overnight courier, to: 365, Attn: Notice – 3250 Bonita Beach Rd., #205-213, Bonita Springs, FL 34134. Notices You send by email or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of 365.

36. How to Contact Us

Our "Contact Us" page contains information that allows You to contact Us directly with any questions or comments that You may have. We endeavor to review and reply promptly to each comment sent to Us. If You have any questions about these Terms or the practices of 365, or if You would like to register a complaint, notify 365 of a dispute, notify 365 of inaccurate or misleading information, or notify Us of improper use of the 365 Queries, please feel free to contact (239) 291-9323, at support@publicsearchesnow.com, or via certified mail at:

365 DataSolutions, LLC
3250 Bonita Beach Rd.
#205-213
Bonita Springs, FL 34134

37. Important Reminder: Certain Prohibited Uses of the Site

As a reminder, We do NOT provide private investigator services or consumer reports and are NOT a consumer reporting agency—such terms have special meaning in the Fair Credit Reporting Act, 15 USC 1681 et seq., which are incorporated herein by reference. The information we provide is NOT collected or provided, in whole or in part, for the purpose of serving as a factor in establishing a person's eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; (c) benefits, tenancy or educational admission considerations; or (d) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes. We make NO representation or warranty as to the credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living of any person. The additional protections afforded to consumers and obligations placed upon consumer reporting agencies under FCRA are not contemplated by, nor contained within, these Terms.

You acknowledge and agree that You will not conduct any 365 Queries or otherwise obtain or use any Content or other information obtained from or through the Site about a Profile Search or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Profile Search including, but not limited to, information obtained through 365 Queries, as a factor in determining the Profile Search's eligibility for:

Employment, including, but not limited to, to evaluate a Profile Search for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to a Profile Search;
Educational Admission or Benefits, including, but not limited to, assessing a Profile Search's qualifications for an educational program or scholarship;
Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Profile Search's existing debt obligations; and/or
Business Transactions initiated by an individual consumer, including, but not limited to, determining whether a Profile Search continues to meet the terms of a personal customer account.

So, You may NEVER, under any circumstances, use Our Site, Content, 365 Queries or services or the information provided regarding a Profile Search to make decisions about employment, tenant screening, consumer credit, insurance or any other purpose that would require FCRA compliance or which is in violation of law (including doxing, harassing or stalking someone). You agree that You will not use any information obtained from Our Site for purposes of and/or in connection with determining a prospective person or candidate's suitability for: employment, housing or accommodations, credit, health or any other insurance, loans, benefits, privileges or services provided by any business establishment, scholarships, tuition assistance, fellowships or education opportunities. The information We provide has NOT been collected in whole or in part for the purpose of furnishing consumer reports, as defined by FCRA. Accordingly, by using the Site, You recognize, acknowledge, understand and agree that You will not use any of the information obtained from the Site as a factor in: (a) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); (b) establishing any individual's eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; (c) evaluating an individual for educational opportunities, scholarships or fellowships; (d) evaluating an individual's eligibility for a license or other benefit granted by a government agency; (e) any effort to take any "adverse action" as such term is defined in FCRA; or (f) any other product, service or transaction in connection with which a consumer report is used under FCRA or any similar state statute, including, without limitation, job applications, check-cashing, apartment rentals or opening deposit or transaction accounts.

If You are not sure whether Your desired use of information obtained from 365 complies with these restrictions, please contact us at support@publicsearchesnow.com before conducting any 365 Queries or otherwise obtaining information about a Profile Search from 365.