Here are the highlights of our terms and conditions. The complete terms and conditions
can be found below.
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
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.
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
We do not refund "no record found" results unless customer can provide evidence that we missed a record from a jurisdiction identified at our Coverage page as being covered and is less than 10 years old but no newer than 12 months old.
We do not refund unused funds. You should not add money to your account if you are unsure you will be needing our service. Once money is added to your account, it will remain in your account indefinitely. These funds do not expire.
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). Employment, housing, insurance, credit and other FCRA regulated decisions MUST NOT be made based upon information provided by Crime
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.
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.