CRIME SMASHER or “the service” shall be meant to mean CrimeSmasher.com and its parent corporation, Skip Smasher, Inc., a California Corporation, its successors and assigns and CUSTOMER shall be meant to be the purchaser and/or user of data provided by CRIME SMASHER.

DESCRIPTION OF SERVICE:

CRIME SMASHER is an online data service selling public records. CUSTOMER warrants that it is the end-user and purchaser of the data provided by CRIME SMASHER and will abide by the terms and conditions set forth herein.

RESTRICTED LICENSE:

Data provided by CRIME SMASHER to CUSTOMER shall not be resold or remarketed to any third party; published on the Internet or in any print publication or television program.

RELIABILITY OF DATA:

CRIME SMASHER makes no warranty, expressed or implied, as to the reliability or accuracy of either its service or data provided.

Computerized data provided by CRIME SMASHER may contain errors, inaccuracies, incompleteness, false “no record” results and omissions. CUSTOMER acknowledges that online data will be used for informational purposes only and shall not be relied on without verification from the originating data source.

Crime Smasher does not include all existing criminal records. A person may have a serious criminal record but may come up "clean" at our website because of unavailable, missing, inaccurate or otherwise deficient data.

CUSTOMER acknowledges that all data received from CRIME SMASHER is in “AS IS” condition and shall be used at the sole risk of the CUSTOMER.

INDEMNIFICATION & HOLD HARMLESS:

Neither CRIME SMASHER, its officers, directors, and employees nor any third party data provider to CRIME SMASHER shall be liable to CUSTOMER for any loss or claim arising from customer’s use of CRIME SMASHER.

If not withstanding the foregoing, if liability can still be assigned to CRIME SMASHER, its officers, directors, employees or third-party data providers by an appropriate court of law, or other governing body, then CRIME SMASHER’s (and related parties) maximum liability shall never exceed $25.00 regardless of nature, size or scope of claim. Further, CUSTOMER agrees to not seek punitive damages against CRIME SMASHER, its officers, directors, employees and third-party data providers under any circumstances. Not withstanding the foregoing, if punitive damages can still be assigned to CRIME SMASHER, its officers, directors, employees or third-party data providers by an appropriate court of law, or other governing body, then CRIME SMASHER’s (and related parties) maximum punitive damages shall never exceed $25.00 regardless of nature, size or scope of claim. CUSTOMER agrees and accepts that CRIME SMASHER nor its officers, directors, employees or third-party data providers shall not be held liable to CUSTOMER or any third-parties for any direct, incidental, or indirect claims or damages arising out of customer’s use of service.

CUSTOMER hereby agrees to hold harmless and indemnify CRIME SMASHER, its officers, directors, employees and all third-party data providers to CRIME SMASHER from and against any and all direct and indirect claims, costs, losses, demands, proposed litigation and actual litigation arising out of customer’s use of CRIME SMASHER as well as by any third parties associated with the CUSTOMER including but not limited to customer’s clients, employees, and subjects of investigation as well as any third parties who were mistakenly identified by CUSTOMER as the subject of an investigation. Further, CUSTOMER agrees to pay all attorney fees incurred by CRIME SMASHER, its officers, directors, employees and third-party data providers in defense of any claims brought by the CUSTOMER as well as any third parties associated with the CUSTOMER including but not limited to the customer’s clients, employees, subjects or target of investigation as well as any third parties who were mistakenly identified as the subject of an investigation by the CUSTOMER, regardless of whether or not CRIME SMASHER’S data was defective and contributed to such misidentification.

CUSTOMER agrees and acknowledges that it shall have no legal or financial recourse against CRIME SMASHER, its officers, directors, employees or data-providers for defective, missing, incomplete or otherwise inaccurate data. Outages may occur in CRIME SMASHER from time to time for a variety of reasons including but not limited to system maintenance, system crashes, and power outages. CUSTOMER acknowledges that such service outages may occur and agrees that it shall have no legal or financial recourse against CRIME SMASHER, its officers, directors, data-providers or web hosting firm as a result.

FAIR CREDIT REPORTING ACT DISCLAIMER:

Crime Smasher is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Therefore, employment, housing and other FCRA regulated decisions regarding consumers MUST NOT be made in whole or in part upon information provided by CRIME SMASHER. YOU MUST CONTACT THE ORIGINATING SOURCE OF THE PUBLIC RECORD TO VERIFY ANY DEROGATORY INFORMATION THAT WOULD BE USED FOR AN ADVERSE HIRING DECISION OR OTHER FCRA REGULATED DECISION.

CLIENT SIDE COMPUTER ERRORS:

CRIME SMASHER does not offer credits or re-runs for client-side computer errors including results that were not received because of client’s computer crashing, printer malfunctioning or other mechanical or software problems. Because of our low-search prices, CRIME SMASHER cannot replace these searches. CUSTOMER must re-log into system and re-run search at customer’s expense.

GOVERNING LAW:

This agreement shall be governed in accordance with the laws of the State of California. Any litigation between CUSTOMER and CRIME SMASHER shall be heard in the court systems of Los Angeles County, California or, if federal in nature, in the United States District Court in Los Angeles. Nothing in this Service Agreement, Application or website shall be construed as legal advice from CRIME SMASHER. CUSTOMER is solely responsible for compliance with all applicable state and federal laws.

PRIVACY OF CUSTOMER DATA:

CRIME SMASHER will collect and maintain contact and system usage information of CUSTOMER. All account information provided by CUSTOMER to CRIME SMASHER shall be treated as confidential. CRIME SMASHER discloses that customer’s IP address or other identifying information, such as Internet provider name, will be logged and stored as record of customer’s use of service.

END TERMS AND CONDITIONS.