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Terms

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE OPEN DATA PEOPLE, INC., A CALIFORNIA CORPORATION AND PUBLISHER OF THE WEBSITE OPENPEOPLESEARCH.COM. ALL USERS OF OPENPEOPLESEARCH.COM SHOULD CAREFULLY REVIEW THESE TERMS. THEY CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS AND RESPONSIBILITIES.
Use of OpenPeopleSearch.com is on the condition of the User's acceptance and adherence to these Terms:
DEFINITIONS:
OPEN DATA refers to The Open Data People, Inc., a California corporation that operates the website and API known as Openpeoplesearch.com. It may also be referred to in these Terms as the “Site” or “Service” or “Openpeoplesearch.com”.
"User" refers to any person or organization using the website Openpeoplesearch.com, or its API, or Data Marketplace, regardless of if during a free trial or paid usage, regardless of mode of data delivery including but not limited to API delivery, Site data viewer or third party data distribution platform.
BUSINESS API USERS ONLY:
Openpeoplesearch.com is a service for business API users only and is not intended for use by the general public or any non-business. OPEN DATA reserves the right to terminate any User account if it is discovered the User is not a business API user.
DATA ACCURACY, RELIABILITY AND ERRORS:
OPEN DATA attempts to ensure accuracy of information of the Service, but cannot guarantee that search results or site content is entirely correct, current or complete.
OPEN DATA makes no warranty, expressed or implied, as to the reliability or accuracy of either its Service or data provided. Computerized data provided by OPEN DATA may contain technical or typographical errors, inaccuracies, incompleteness, false “no record” results and omissions. Further, dates appearing on public records may also contain errors or may be inaccurate and 100% accuracy of dates on records cannot be guaranteed.
User agrees not to use search results from the Service for any legal or business purpose without first verifying the data directly with the source agency of the public record. If the user is unable to verify the data directly with a source agency, User agrees to treat the record as unverified.
NO WARRANTIES EXIST:
USE OF THIS SITE IS AT USER'S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OPEN DATA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OPEN DATA MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USER UNDERSTANDS AND AGREES THAT ACCESSING THE SERVICE IS AT THE USER’S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING CLAIMS BY THIRD PARTIES ARISING OUT OF USER'S USE OF THE SERVICE. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
LIABILITY:
IN NO EVENT WILL OPEN DATA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO OPEN DATA FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.
INDEMNITY:
USER FURTHER AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY OPEN DATA, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, INCLUDING THIRD PARTY CLAIMS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED.
FULFILLMENT POLICY:
Refund policy: A Subscriber may request a refund at any time of its unused funds by requesting to do so using the site contact form.
Delivery policy: All data is delivered via our secure API. We do not ship physical products.
Return policy: We do not ship physical products. All of our products are data that is delivered by our API. Sorry, we have a non-return policy on our data products once delivered.
Cancellation policy: A Subscriber may cancel service at any time without penalty by logging in to his account, navigating to My Account, then scrolling down to Cancel Account.
LEGAL ADVICE:
No information appearing on Openpeoplesearch.com shall be construed as legal advice being given by OPEN DATA.
USER'S SECURITY OBLIGATIONS:
User agrees to treat its login credentials as sensitive information and will not permit any unauthorized third party from accessing the site via the User’s account.
User shall regularly monitor its account, and all communications occurring there under, for any unauthorized use. User must notify OPEN DATA immediately if they become aware of any actual or potential compromise of its account at the Service.
RESPONSIBLE USE OF PUBLIC DATA:
OPEN DATA supports the responsible use of public data. User shall not employ the Service for any purpose that is unlawful, fraudulent, or designed to harass others, including for "doxing" and "spamming".
User agrees to cooperate with any Service investigation into any actual or possible fraudulent, unauthorized or unlawful activity.
ERRORS IN PUBLIC RECORD DATA:
Openpeoplesearch.com, including its API service, re-publishes public record information. Errors may and do exist in public record data. Correction of the public record data can only be made with the originating organization and is not the responsibility of the Service. If any person or organization desires to remove an incorrect record, it may do so by using the site's Remove My Info and Do No Sell My Info (California Residents Only) pages.
DATA MARKETPLACE USERS
User agrees to use data purchased for lawful purposes only.
User agrees not to resell in bulk any data set purchased at the Data Marketplace. Nothing shall prevent the User’s lawful resale of individual records from the data, for example, as part of an app or other informational service.
Data Marketplace data may include duplicates.
User agrees not to use consumer phone numbers or email addresses obtained through the Data Marketplace for sending spam.
User acknowledges that certain public record data sets may have commercial usage restrictions, such as exclusion for marketing purposes, established by the source public agency. User agrees not to violate such commercial use restrictions. Further, although OPEN DATA attempts to identify public records that have commercial use restrictions, we do not guarantee the completeness of this information. User agrees it has the sole responsibility to not violate any commercial use restrictions on data purchased.
IDENTITY THEFT AND MISTAKEN IDENTITY:
Information contained at the Site about any given consumer or entity may be the result of identity theft and may not reflect a consumer or entity's actual record or activity. In addition, people with the same or similar names can and do exist. IT IS THE RESPONSIBILITY OF USER TO KNOW AND VERIFY ANY RECORD USED FROM THE SERVICE IS FOR THE RIGHT PARTY AND IS NOT THE RESULT OF IDENTITY THEFT OR MIS-IDENTIFICATION.
THIRD PARTY CONTENT AND SERVICES:
The website Content available includes third party public record content that originates or is otherwise authored or published by the third parties, completely independent of any review by the Website.
Inclusion of third party resources on the Website does not imply endorsement or approval of any resource. The Service does not investigate, review, monitor or otherwise regulate third party Content that may appear on the Site, and the Service does not warrant the accuracy, completeness or appropriateness of third party resources appearing on the Site.
FAIR CREDIT REPORTING ACT:
User acknowledges and agrees that the Site is not a “consumer reporting agency” and does not constitute a “consumer report,” as defined by The Fair Credit Reporting Act (FCRA) and shall not be used for any FCRA regulated purpose by User. The Service may not be used in whole or in part as a factor in determining any consumer's eligibility for credit, insurance, housing or employment or for any other purpose regulated by the FCRA.
TELEPHONE CONSUMER PROTECTION ACT:
OPEN DATA assumes no legal liability for any phone records mistakenly identified as the wrong linetype including under the Telephone Consumer Protection Act and similar Federal and State consumer protection laws. OPEN DATA cannot guarantee 100% accuracy for its telephone linetype identification.
PURCHASERS OF PERSONAL INFORMATION OF CALIFORNIA CONSUMERS:
All personal information is sold or disclosed by OPEN DATA only for limited and specified purposes to wit, data lookups and public record research and verification; USER agrees to provide the same level of privacy protection as is required by the CCPA and CPRA. OPEN DATA is granted the right to take reasonable and appropriate steps to help ensure that the Assignee uses the personal information transferred in a manner consistent with obligations under the CCPA and CPRA. USER is required to notify OPEN DATA if it makes a determination that it can no longer meet its obligations under this title. USER grants OPEN DATA the right, upon notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of personal information.
RIGHT OF THE SERVICE TO SUSPEND/CANCEL USER:
OPEN DATA reserves the right to stop, suspend or cancel service to any User whatsoever with or without due cause and with or without advance warning.
DUPLICATE SEARCH REQUESTS:
Our service charges for all lookup requests made by user, including duplicates, submitted for processing. If user does not want to be charged for duplicate lookup requests, user agrees to not submit them for processing.
REMOVAL OF CONSUMER INFORMATION:
Any consumer may remove his or her information from appearing on the Website at any time by using the site's Remove My Info and Do No Sell My Info (California Residents Only) pages.
SITE USAGE INTENDED FOR U.S. LOOKUPS ONLY:
The Service is intended to be used for lookups of data for U.S. based consumers and businesses only. It is not intended to be used in, or applicable to, persons or businesses outside of the United States.
COMMERCIAL SOLICITATION RESTRICTION:
Certain public data obtained and re-published by the Service is restricted for use for commercial solicitation by the source government agency data provider. The Service includes an option under the site's My Account section to suppress records coming from government agencies who have a known commercial solicitation restriction. OPEN DATA IS UNABLE TO GUARANTEE THAT THIS LIST OF KNOWN COMMERCIAL SOLICITATION DATA SOURCES IS COMPLETE. If the User foresees using the Service for commercial solicitation, it is the User's responsibility to enable the My Account option to suppress these records using the on/off switch labeled "Commercial Solicitation Restrictions". Further, if User foresees using any data from Service for commercial solicitation, it is User's sole duty to comply with all such restrictions on use of data.
COMPLIANCE WITH ALL STATE AND FEDERAL DATA PRIVACY LAWS:
User agrees to abide by the terms of the Service's Privacy Policy which can be found here: https://www.openpeoplesearch.com/privacy. User agrees that it will comply with all federal and State data privacy laws and regulations with data it obtains from the Service.
TRADEMARK:
Openpeoplesearch.com and Open People Search are trademarks of the Website owners and may not be used without our expressed written permission.
GOVERNING LAW:
Both parties agree that by visiting or using Openpeoplesearch.com, the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms. Any legal disputes shall be heard in the state or federal courts located in Riverside County, California.
SEVERABILITY:
If any provision or portion of these Terms is deemed to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
HEADINGS:
Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.
WAIVER:
The Service's failure to act with respect to a breach of these terms by a User does not waive the Service’s right to act with respect to subsequent or similar breaches.
ENTIRETY:
These Terms are the entire and sole agreement between OPEN DATA and User. OPEN DATA reserves the right to update or modify these Terms from time to time and sole notification and publication of the changes will be on this page.
NOTICES:
Any notice or other communication regarding these Terms shall be written and shall be sent via first class mail to The Open Data People, Inc., Attn: Legal Dept, PO Box 890370, Temecula, CA 92589 with a courtesy notice sent via email here or through the Site’s contact form.
LAST UPDATED: July 24, 2024