Crime Smasher aka CrimeSmasher.com is a service of Skip Smasher, Inc., its related sites or software products (“Service” or “Site” or “CrimeSmasher”) are provided to all users (“Customer” or “Customers”) subject to these Terms of Service (“Terms”). Any use or attempted use of the Service binds a Customer to these Terms. If a Customer objects to any portion of these Terms, a Customer must immediately discontinue the use of the Site. Crime Smasher reserves the right to enforce these terms via any available lawful means, including but not limited to, civil litigation and referral to applicable authorities for criminal prosecution.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SKIPSMASHER, INC. ALL CUSTOMERS OF CRIME SMASHER SHOULD CAREFULLY REVIEW THESE TERMS. THEY CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS AND RESPONSIBILITES.
These Terms may be supplemented by additional legal policies or procedures, which are hereby incorporated by reference. In circumstances where there are conflicts between these Terms and the additional policies above, these Terms shall be deemed superior to the terms of any other policy or procedure.
- “SkipSmasher, Inc.” refers to the California corporation by the same name, as well as its successors and assigns.
- “Crime Smasher” refers to the website CrimeSmasher.com, a service owned and operated by SkipSmasher, Inc.
- “Content” is information, materials and other content, including, but not limited to, video, sounds, images, text, data and designs.
- “Confidential” shall mean information that is spoken, written, or given in confidence, and which information is commonly considered secret, private, or withheld from public view.
- “Customer” refers to any Internet visitor or user of Crime Smasher, namely any person that seeks to use and engage with the Crime Smasher Service and is authorized to do so.
NATURE OF SERVICE; ELIGIBILITY; ACCESS RESTRICTIONS
Crime Smasher is an online data service providing public record information.
Fair Credit Reporting Act.
Customer acknowledges and agrees that Crime Smasher is not a “consumer reporting agency” defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”) and the Crime Smasher Service does not constitute a “consumer report,” as defined by FCRA and shall not be used for any FCRA regulated purpose by Customer. The Service may not be used in whole or in part as a factor in determining eligibility for credit, insurance, or employment or for any other purpose regulated by the FCRA. Such prohibited uses include, but are not limited to, tenant screening, employment screening, and collections where Customer has the authority to demand payment of a debt or determine the eligibility or suitability of consumer for collections or continued collections. CUSTOMER AGREES THAT UNDER NO CIRCUMSTANCES WILL HE/SHE USE THE SERVICE TO RUN CRIMINAL BACKGROUND CHECKS FOR EMPLOYMENT OR TENANT SCREENING SERVICES.
No Legal Advice Provided.
Customer acknowledges that Crime Smasher cannot provide legal advice regarding the appropriate uses of public information.
ACCOUNT APPLICATION, REGISTRATION AND MAINTENANCE
CustomerAccount Registration Data.
Any contact information, business information, or other information provided to the Site by Customer must be accurate, current and complete. False identities, screen names, or impersonation of third parties is forbidden. Customer shall update information promptly. Customer agrees to maintain the security of their respective usernames, passwords, and other personally identifiable information on the site. Customer further agrees to regularly review and update all account profile data contained in any Customer account.
Customer Account Responsibility and Security. The owner of a Customer Account is solely responsible for all activities occurring on the Site under the applicable Customer Account.
- Customer will consider and treat its login credentials as sensitive information. Customer must protect its login credentials in a way that assures that only key personnel have access to and knowledge of Crime Smasher login credentials.
- Any system access software employed by Customer, whether developed by Customer or a third party, must hide or embed Crime Smasher login credentials.
- Each of Customer’s authorized employee must be assigned a unique Crime Smasher login username and password. Any unique login credentials presented to an employee must be immediately canceled upon conclusion of the user’s employment or association with Customer.
- Customer is responsible for all activities that occur under the applicable Customer account, including, but not limited to, any third party use of any Customer account.
- Customer will not permit any unauthorized third party from accessing the site via the Customer’s account. Under no circumstances shall Customer give unauthorized persons its username or password. Customer must not discuss its login credentials over the telephone with any unknown caller, even if the caller claims to be a Crime Smasher employee.
- Customer agrees that Crime Smasher is not responsible for any Customer loss that may occur as a result of any unauthorized use of a Customer account or password.
- Customer shall not employ the Site for any purpose that is unlawful, fraudulent or contrary to these Terms.
- Customer agrees to cooperate with any Crime Smasher investigation into actual or possible unauthorized, fraudulent or unlawful activity.
- Customer shall regularly monitor its account, and all communications occurring thereunder, for any unauthorized use.
- Customer will not engage in use of a shared login -- where multiple employees share the same user name and password. Each authorized employee to whom Customer desires to give authorized Crime Smasher account access shall be assigned his or her own unique username by the Security Designee of Customer’s CrimeSmasher account at no additional charge.
- Customer shall not login to Crime Smasher from outside of the United States or via any proxy server/service that masks Customer’s true IP address.
- Customer must notify Crime Smasher immediately if it becomes aware of any actual or potential compromise of its Crime Smasher login credentials.
Payment for Service. Customer shall be charged for each search at such prices as posted on the Site. Crime Smasher reserves the right to change its fees and prices at any time without prior notice.
Privacy of Customer Account Data; Collection of Customer Data.
Crime Smasher may collect and maintain personal information related to Customer. Crime Smasher may also collect certain data about a Customer’s use of the Service. Collection of data about a Customer may include, but is not limited to, a Customer’s Internet Protocol (IP) address, Internet Service Provider (ISP) name, Service search records, and more. All account information provided by Customer to Crime Smasher shall generally be treated as confidential.
Audits of Customer Accounts.
Crime Smasher shall have the absolute right to audit Customer’s Account and use of the Service. Such audits may require Customer to provide certain documentation or records as Crime Smasher may require. Any materials produced to Crime Smasher pursuant to an audit shall be treated as confidential information by Crime Smasher. Any Customer failure to promptly comply with an audit notice may result in an immediate suspension or termination of Customer’s Account.
Customer Account Suspension, Cancellation, Termination and Reactivation. Crime Smasher reserves the right, in its sole discretion, to suspend orterminate the account of any Customer for any reason.
CUSTOMER’S USE OF SERVICE
Non-Disclosure. Information obtained via the Service should be considered confidential information which shall not be disclosed by Customer to any third-party, with the exception of confidential investigative reports issued to Customer's clients who have been notified the information is confidential and have agreed to maintain the information as confidential. Moreover, no data obtained from the Service may be republished in any form, including in any printed or digital form including in printed publications, on public websites/blogs or in broadcast media. Customer agrees that any disclosures in violation of this provision are material breaches of this Agreement and such a breach may result in immediate termination of a Customer’s account.
Improper Republication; Liquidated Damages. Customer further agrees that any republication of information obtained via the Service, in violation of these Terms, would cause Crime Smasher irreparable harm, and Crime Smasher’s damages would not be readily determinable. Customer agrees that, for each violation of this provision, Customer shall pay Crime Smasher not less than seventy-fivethousand dollars ($75,000) for each demonstrated republication of any Content. Customer shall also pay all legal fees and costs, including attorney’s fees, incurred by Crime Smasher as a result of any violation of these Terms.
Customer as End User; No Remarketing. Data provided by Crime Smasher to Customer shall not be resold or remarketed to any third party. Customer warrants that it is the end-user of the data.
Customer Computer Errors.
Crime Smasher does not offer Service credits for Customer computer errors, regardless of the type of error or malfunction.
Other Service Restrictions. Customer agrees to the following restrictions as a condition of employing the Service.
- No Customer shall attempt to circumvent the Site security measures by any means.
- No Customer shall make any effort to obtain unauthorized access to any portion of the Site that is not intended for the Customer.
- Members who initiate and receive services via Crime Smasher do so entirely at their own risk.
CONTENT AND INTELLECTUAL PROPERTY
The Service and Site are owned by SkipSmasher, Inc. or its corporate parents. Most aspects of the Service and Site, including, but not limited to, all methods, processes, content, formats, domain names, and extensions are the exclusive property of SkipSmasher, Inc. Other rights, including, but not limited to, all inventions, trade secrets, patents, pending patents, copyrights, trademarks and other intellectual property rights are the exclusive property of Crime Smasher. Crime Smasher does not confer any rights to any Customer, either expressly or by implication, except as otherwise provided herein.
Customer Communications. Customer acknowledge that communications with Crime Smasher, including, but not limited to, comments, suggestions, questions, and other information or communications about the Service are not confidential. Such communications shall become the property of Crime Smasher. In sending the Site any information or material, Customer grants Crime Smasher an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, such materials or information without Customer compensation or acknowledgment.
Limited License to Access Content.
The Content appearing on Crime Smasher may be subject to copyright protection. Applicable copyrights are the proprietary property of Crime Smasher, its Customers, its licensors, or other third parties with all rights reserved.
- Content on Crime Smasher may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of Crime Smasher.
- Customers are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on Crime Smasher on the Customer’s computer client for purposes of use the Service subject to these Terms. Customers must retain all copyright, trademarks, patent and other intellectual property notices contained in content.
- Some Content appearing on Crime Smasher, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by the third party terms and conditions as may or may not be provided.
- All licenses provided to Customers by Crime Smasher are subject to revocation by the Service at any time without notice and with or without cause. Any use of the Service other than provided in these Terms or as expressly granted by Crime Smasher is strictly prohibited and shall immediately terminate without notice any license granted by these Terms.
Trademarks, Service Marks and Other Intellectual Property.
Content appearing on Crime Smasher may contain trademarks, service marks, trade names and trade dress owned by Crime Smasher. These marks and names are subject to applicable trademark laws in the United States and internationally, and may not be used in connection with any service or product that is likely to violate applicable trademark laws unless such use is expressly granted by Crime Smasher. Unless explicitly stated, nothing in these Terms shall be construed as a grant of intellectual property rights under any legal theory.
Third Party Content and Services.
The Content available includes third party Content that originates or is otherwise authored or published by the third parties, completely independent of any review by Crime Smasher. Crime Smasher is an “interactive computer service” as defined by Section 230 of the Communications Decency Act of 1996 (47 U.S.C.230). Section 230(c)(1) provides immunity from liability for providers and users of an “interactive computer service” who publish information originally provided by third party publishers.
- Third party resources may include, but are not limited to, third party data, web sites, software, products, services, networks and similar resources.
- Inclusion of third party resources on Crime Smasher does not imply endorsement or approval of any resource. Crime Smasher does not investigate, review, monitor or otherwise regulate third party resources 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.
Claims of Copyright Infringement.
Crime Smasher prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Crime Smasher provides the following contact information for receipt of infringement notices: Skip Smasher, Inc., Attn: Legal Dept, PO Box 891329, Temecula, CA 92589.
- Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of a notice of claimed infringement, Crime Smasher will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA. Pursuant to the DMCA and other applicable law, Crime Smasher reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Data Accuracy Not Guaranteed/Technical Errors. Crime Smasher attempts to ensure accuracy of information on the Service, but cannot guarantee that any content is entirely correct, current or complete.
- 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 technical or typographical errors, inaccuracies, incompleteness, false “no record” results and omissions.
- Information contained in Crime Smasher about any given consumer or search subject may be the result of identity theft, inaccurate entry of information, or other errors that do not reflect a search subject’s actual activity.
- Customer agrees that it shall not rely upon any information obtained via Crime Smasher without independently verifying accuracy of reported data via other reliable information sources.
- The Site may occasionally be temporarily unavailable for technical maintenance and related reasons.
Disclaimer. USE OF THIS SITE IS AT A CUSTOMER’S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CRIME SMASHER 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, CRIME SMASHER MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CUSTOMER UNDERSTANDS AND AGREES THAT ACCESSING CRIME SMASHER IS AT THE CUSTOMER’S OWN RISK AND DISCRETION AND THAT THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO CUSTOMER’S COMPUTER SYSTEM. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
Limitation of Liability. IN NO EVENT WILL CRIME SMASHER 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 CRIME SMASHER 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 FROM CRIME SMASHER, REGARDLESS OF THE CAUSE OF ACTION.
- Indemnity. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY CRIME SMASHER, 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, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.
Term. This Agreement shall be in full effect from the date of execution by Customer throughout the period of time that Crime Smasher provides Service to the Customer.
Survival of Terms.In the event of termination or cancellation of the Service, Customer shall abide by the terms of this Agreement relating to any and all claims, indemnification, hold harmless agreements, warranties, and use of data obtained under these Terms.
Notices. Any notice or other communication regarding these Terms shall be written. Notices sent to Crime Smasher shall be sent to Skip Smasher, Inc., Attn: Legal Dept, PO Box 891329, Temecula, CA 92589.
Governing Law. This Site has been designed to comply with United States law. Crime Smasher does not guarantee that the Content of the Site is appropriate for jurisdictions outside the United States. All Customers agree that by visiting or using the Site the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms.
Dispute Resolution, Binding Arbitration.
Any dispute under this Agreement shall first be subject to mediation conducted by the American Arbitration Association (AAA) with a mediator that shall be mutually selected, or if agreement cannot be reached, with a mediator assigned by the AAA. Costs of the mediation shall be borne equally by the parties. If the dispute is not resolved within 90 days after it is referred to a mediator, the matter shall be referred to binding arbitration.
- If arbitration is necessary as explained in this section, such arbitration shall be conducted by the AAA with an arbitrator that shall be mutually selected, or if agreement cannot be reached, with an arbitrator assigned by the AAA. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. The arbitrator must allocate costs of the arbitration, including applicable attorney fees. The arbitration required herein is binding upon the parties.
Assignment. Except as expressly provided herein, no Customershall have any right or ability to assign, transfer, or sublicense any obligations or benefit under these Terms without the express written consent of Crime Smasher.
Severability. If any provision or portion of theseTermsis 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.
Modifications. Crime Smasher retains the right to modify these Terms at any time, and changes shall become effective immediately upon publication. Changes to these Terms will be displayed to Customers via the Site, and Customers shall be given the opportunity to accept or reject any changes. Any Customer that declines the modifications shall not be eligible to use the Service.
Merger Clause/Entire Agreement. These Terms represent the final agreement between Customer and Crime Smasher, and may not be contradicted by evidence of prior, contemporaneous or subsequent oral or written agreements of the parties. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement. SkipSmasher.com approved Customers: In the event of a conflict between these Terms and the Terms published at SkipSmasher.com, the Terms at SkipSmasher.com shall prevail over those at CrimeSmasher.com.
Construction. In the event of any question or dispute under these Terms, the Parties agree that the terms of this Agreement shall be construed as if all Parties were the drafter hereof.
Headings. Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.
Waiver. Crime Smasher’s failure to act with respect to a breach of these terms by a Customer does not waive the Site’s right to act with respect to subsequent or similar breaches.
Relationship of Parties.
Customer shall at no time represent that it is an agent or representative of Crime Smasher. Customer and Crime Smasher are independent contractors. Nothing in these Terms shall be deemed to create an agency, partnership, employment,or joint venture relationship between the parties.
Capacity to Contract. The signatories hereto covenant, represent and warrant that they are of legal age, are under no disability and have the mental capacity and authority to legally bind themselves and/or the persons on behalf of whom they execute these Terms.
Notice of Terms. The Parties acknowledge, represent, warrant and confirm that they have each carefully read and understand the effect of these Terms, and that they each have had the opportunity to enlist the assistance of legal counsel in carefully reviewing, discussing and considering all provisions contained herein.