You agree that your use of the Public Records Databases is governed by the following terms and conditions:
1. Access to the Database. Upon registration, TrialSmith Inc. grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, solely for the purpose of performing lawful and appropriate searches for your own personal use.
2. General Restrictions. You agree to use our information only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Information shall not be provided or resold to any other person or entity without our prior written consent. All searches of our databases are recorded, and you consent to such recording and to the provision of all information about your use of our databases to law enforcement and others as may be useful to respond to allegations that our service or information has been or may have been misused.
3. FCRA Restrictions. TrialSmith Inc. is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information in the databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You shall not use any of our information as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
4. Misuse. In the event that TrialSmith Inc. suspects that our databases or our information has been misused, we will contact our suppliers and/or law enforcement agencies (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of this information (including key search data) for such investigative purposes. You further agree to fully cooperate with all audits and investigations of our customers and our systems.
5. DISCLAIMER OF WARRANTIES. The information in our databases has been compiled from public records and other proprietary sources for the specific purposes of (1) locating individuals, property and businesses, and/or (2) providing general background information about individuals and businesses for verification purposes. Neither TrialSmith Inc. nor any of our data suppliers represents or warrants that the information is current, complete or accurate. TRIALSMITH INC. 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 TO YOU 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.
6. INDEMNIFICATION. You agree that you shall indemnify and hold harmless TrialSmith, Inc. its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our database, against any and all direct or indirect losses, claims, demands, expenses (including attorneys’ fees) or liabilities of whatever nature or kind arising out of your use of our databases and your use or distribution of any information obtained from the databases. We will promptly notify you of any such claim.