Terms Of Use

PeopleByName.com provides the website peoplebyname.com to you (“You” or “Your”) subject to these terms (“Terms”) and subject to PeopleByName’s other policies, including our Privacy Policy, incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit your remedies in the event of a dispute.

You accept these Terms by accessing or using PeopleByName.com in any manner, even if You do not create an Account with PeopleByName.com. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using PeopleByName.com on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

These Terms and Conditions (“Terms and Conditions”) govern your use of the PeopleByName.com website (“Website”) and all purchases you make from PeopleByName.com (“we”, “us”, “our”). Please read these Terms and Conditions carefully before using the Website. By using the Website, or placing an order with us, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Website or place an order with us.

1. Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account with PeopleByName.com (“Account”) is accurate and true.
b) In connection with Your creation of an Account, You will create a Login and Password will be provided to you, which you can change after the initial login. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person unless authorized from PeopleByName.com.
c) If You believe that a third-party has gained access to Your Account, You agree to notify PeopleByName.com by sending an email to support [at] peoplebyname.com.com. If Your Account is terminated PeopleByName.com has no obligation to retain any data associated with Your Account.
d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
e) To cancel Your Account at any time for any reason, You may do so by logging into your account and using the "Close account button" in payment preferences.

2) Using Our Database
When you place an order , we grant you the nontransferable, nonexclusive, revocable license to query our databases and the information included in the databases (our "Products"), solely for the non-commercial reason for performing lawful and appropriate searches for your own personal use. Some of our Products are ordered for unlimited use over some time, while other Products are ordered for one time make use of. Certain of our products might be purchased as credits, within varying quantities, to be used over some time. Credits purchased are valid for a year from the date associated with purchase. If unused by the main one year anniversary of being credited for your requirements, your credits will expire and become removed from your account. Our Products are limited to U. S. and Canadian customers as well as information only. We and our partners reserve the right to publish aggregated search data that doesn't identify you individually (for instance, the number of times a specific name was searched for). You accept to use our Products just for reconnecting with friends, discovering classmates, finding family members along with other lawfully permitted reasons. You further agree that us publishing such data may cause you no personal, psychological, or financial harm in any way. By visiting our Web site and using our services, you hereby acknowledge you have read and agreed to these Conditions and Terms.

3) General Restrictions
You accept use our Products just for appropriate, legal, non-commercial reasons, and in compliance along with all applicable federal, state and local regulations. Additionally, you agree that the databases and information might not be used to bother, stalk, harass, threaten or embarrass anyone. You may not make use of the service to look up celebrities or other open public persons, or to locate individuals under the age 18. Systematic access or extraction of content in the Website or database(s), including using "bots", "spiders, " or "scraping" technology inside a browser or browser-like plan is strictly prohibited as well as constitutes grounds for forfeiting your own registration and membership.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE PEOPLEBYNAME.COM

4. Information Available Through PeopleByName.com
a) Peoplebyname aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to users through the Peoplebyname.com people search feature.
b) PeopleByName does not verify this Public Information. Peoplebyname does not evaluate each piece of information provided and makes no guarantees to Peoplebyname users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Peoplebyname.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided. You agree to rely on the information available through PeopleByName.com at Your own risk.

5. Payment
PeopleByName offers two types of standard accounts.

a) One time orders If you select a full phone report the debit or credit card or other payment account you provide will be billed immediately upon enrollment. This transaction will not rebill automatically and there will be no further charges to your credit card.

b) Monthly unlimited search plans with an initial trial period If you select an Unlimited Search Membership Trial, you will be able to try a Unlimited Search Membership and its accompanying services for seven (7) days (168 hours) from the date of purchase for only $1.00. If you select a Unlimited Search Membership Trial, the debit or credit card or other payment account you provide will be billed $1.00 immediately upon enrollment, and you will have seven (7) days (168 hours) from the time of enrollment to try out PeopleByName.com’s Services under the Unlimited Search Membership. If you do not cancel your Unlimited Search Membership Trial before the expiration of the 7-day trial period, on the 8th day after you enroll, you will automatically be enrolled in a monthly Unlimited Search Membership and the card you provided at the time of enrollment in the Unlimited Search Membership Trial will be charged $29.99 immediately and $29.99 approximately every thirty (30) days thereafter (exactly 30 days to the hour when using a credit card, and 30 days +/- 1 day when using PayPal subscriptions), unless and until you cancel.

c) Nonstandard orders PeopleByName.com sometimes offers promotional membership offers or the opportunity to purchase a single report or several reports for an identified price with no further obligation. If you place a nonstandrad order, PeopleByName.com expressly reserves the right to bill you at the identified price and based on the terms disclosed at the time of you enroll.

d) Current Pricing and Price Modification For the most up to date pricing and Membership descriptions, please go to http://www.peoplebyname.com. PeopleByName.com reserves the right to modify the prices charged for the Memberships, or to add or remove any Membership type, from the Site at any time without prior notice to you. Price quotes provided to you prior to any price modification shall be honored.

e) Cancellation Policy You may cancel any Membership at any time by going to http://www.peoplebyname.com/accounts/ or by calling our customer support line to speak with one of our Customer Service Representatives. We're open Mon-Fri 9AM-6PM Eeastern Time (Holiday hours may vary). Any cancellation request will ensure you are not billed further. You may also email your cancellation request to support@peoplebyname.com or use our support ticketing system at http://www.peoplebyname.com/contact.php, ensuring that emails will not get lost due to spam filters on either side.

f) Discounts and Promotions Any applicable discounts or promotional prices will be noted at the time of purchase on the checkout page for your order.

g) Reversals and Chargebacks PeopleByName.com considers charge backs and reversals as potential cases of fraudulent use of our services and/or theft of our services and will be treated as such. PeopleByName.com reserves the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being logged and monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and/or theft of our services.

h) Order Delivery All orders placed through the Site are subject to PeopleByName.com’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order. PeopleByName.com may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by PeopleByName.com, PeopleByName.com will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department. Some orders may have a verification delay before being accepted, in which case upon acceptance an order confirmation email will be sent.

i) Accuracy of information PeopleByName.com will use reasonable efforts to deliver the information services to its customers, and to compile information gathered from selected public records and other sources provided, however, customer accepts all information "AS IS". Furthermore, PepleByName.com accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of the information.

j) PeopleByName.com may share information (including, but not limited by, suspect payment information, e-mail addresses, IP addresses, and so on. and searches conducted) with this payment processors, and police force, in an effort to lessen fraud. You consent towards the provision of this information (including keyword search data) with regard to such investigative purposes. You further accept to fully cooperate with just about all audits and investigations in our customers and systems. To learn more about our privacy methods, please see our Privacy Policy.

6. Links to Other Websites
a) You may find links to other Internet sites or resources on PeopleByName.com that offer content, goods, or services. You acknowledge and agree that PeopleByName has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

7. Trademarks
PeopleByName. com, as well as our Website images, logos, designs, page headers, button icons, scripts, and support names are registered images, trademarks in the U. S. and/or additional countries. Our trademarks may not be used, including as part of trademarks and/or included in domain names, in connection with any service or product in any manner that will probably cause confusion to customers or other users or even recipients or the brand.

8. Disclaimer Of Warranties
The information in the Peoplebyname.com databases has been compiled from public records and other proprietary sources for the specific purposes of locating individuals, properties and businesses. Neither Peoplebyname.com nor any of our data suppliers represents or warrants that the Information is current, complete or accurate. Peoplebyname.com 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 WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume all risks associated with the use of our databases and information.

9. Indemnification
Indemnification. You agree that you shall indemnify and hold harmless Peoplebyname.com, its officers, directors, employees and agents, and all entities that have contributed information or data to, or provided services, for the Service, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising in any way out of your use of the Service or of Peoplebyname's databases or of the information and data contained therein. We will promptly notify you of any such claim.

10. Indemnification Waiver of Class Action and Jury Trial and Consent to Binding Arbitration.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND PEOPLEBYNAME.COM UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND PEOPLEBYNAME.COM, ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES (INCLUDING DISPUTES AGAINST ANY AGENT, EMPLOYEE, SUBSIDIARY, AFFILiATE, PREDECESSOR IN INTEREST, SUCCESSOR, OR ASSIGN OF THE OTHER) RELATING TO THE SITE, THE INFORMATION AND MATERIALS PUBLISHED BY PEOPLEBYNAME.COM ON OR THROUGH THE SITE, ANY TRANSACTION OR RELATIONSHIP BETWEEN US RESULTING FROM YOUR USE OF THE SITE, COMMUNICATIONS BETWEEN US, OR THE PURCHASE, ORDER, OR USE OF OUR MEMBERSHIP PLANS, THE INFORMATION PROVIDED IN CONNECTION WITH OUR MEMBERSHIP PLANS, AND YOUR USE OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT 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. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A FLORIDA STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA").

The following procedures shall apply:

i) Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth herein.

ii) In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail to:
PeopleByName.com
PO BOX 670781
Coral Springs, FL 33067

iii) The parties shall mutually select an arbitration forum. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PEOPLEBYNAME.COM, ITS 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, SERVICES, OR MEMBERSHIP PLANS.

11. Abuse of services, terms or data. PeopleByName.com reserves the right, in its sole discretion, to immediately and without notice suspend your access to the website if it suspects that: (a) you are abusing or misusing the website or its data, (b) you have violated this agreement or any applicable law, or (c) an actual or threatened breach of security jeopardizes the safety, confidentiality and/or integrity of the sites or data, or (d) you are conducting an unreasonable number of searches on unlimited accounts by means of a computer program or script.

12. Fair Credit Reporting Act restrictions on use of data.
You understand that PeopleByName.com is not a "Consumer-Reporting Agency" (as that term is defined by the Fair Credit Reporting Act ("FCRA")), and you agree that you will not use the website or any of its data for any purpose listed by the FCRA. You shall not use the website or any of its data for the purpose of serving as a factor in: (a) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing credit obligations, (b) evaluating an individual for employment purposes, (c) for determination of an individual's eligibility for a license or other benefit that depends on an applicant's financial responsibility or status, or (d) in connection with any other personal business transaction with an individual. You agree not to use any of the data in the preparation of a "Consumer Report" (as that term is defined by the FCRA) or in such a manner that may cause such Data to be characterized as a Consumer Report. No "Adverse Action" (as that term is defined by the FCRA) may be taken against any "Consumer" (as that term is defined by the FCRA), which is based in whole or in part on the data aquired on the PeopleByname.com website. Before taking any Adverse Action based on this data, the data must be re-verified by an additional, independent source.