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I learned things about myself I didn't know. Seriously. And now I'm checking on you.

-- Prof. Harry Lewis, Harvard University

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PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE ON THIS SITE.

This site is subject to the Terms, which may be updated by Whozat, Inc. ("We", "Us" or "Whozat") from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. Therefore, you should check periodically the terms of use posted on the Site for any updates or changes. All such guidelines or rules are hereby incorporated by reference into these Terms. If you do not agree to the Terms, do not use the Site or any applications or services.

License
Subject to your compliance with these Terms, we grant you a personal, non-transferable and non-exclusive right and license to use the object code of the Whozat software (the 'Software') on a single computer solely for the purpose of performing searches on individuals; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Site.

This license is only valid for personal use or for a single month of business use by one individual.  Business use beyond one month or one user requires an additional license.  Please contact us to inquire about such additional business license.

The offer for the free trial period of service is valid for new customers only, and cannot be combined with any other offer.  To be eligible, you must provide a valid email address and a valid method of payment, which will *not* be charged for the duration of your free trial. If you do not cancel your subscription prior to the end of your free or discounted trial period, your subscription automatically renews at the applicable monthly fee until canceled.  Cancelation of the recurring payment through PayPal terminates your subscription as of the end of the period for which the last payment was made.


General Restrictions
You agree to use the Site and the information derived from such use (the Information) only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that you will not
*       engage in any unauthorized use of the Site and the Information (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses);
*       transmit or otherwise make available any content that: (a) you do not have the right to provide or transmit, (b) may expose Whozat or its affiliates, licensors, or users to any harm or liability, or (c) is unlawful, untrue, or otherwise objectionable;
*       transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
*       copy any portion of the Site or Information or any underlying content or source code;
*       remove, alter, or obscure any copyright or other proprietary notices of WhitePages or its affiliates or licensors;
*       obscure or disable any advertisements that appear on or through the Site
*       access without authorization any networks, systems, or databases, or attempt to probe, test, hack, or otherwise circumvent any security measures;
*       violate any requirements, policies, procedures or regulations of any network connected to the Site;
*       use any Information for marketing purposes, including making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
*       compile the Information in a database and store such data for any future use;
*       use any Information for credit granting, credit monitoring, account review, insurance underwriting, employment or any other purpose covered by the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq., ( "FCRA"), Federal Trade Commission interpretations of the FCRA, and similar state statutes;
*       use any Information for tortuous purposes, including to stalk, harass, or threaten any individual;
*       match any Information with information from third party databases to append, verify, or create a new database;
*       publish, transit, distribute, or resell any Information; or
*       store via physical media, data mine or otherwise aggregate information or data made available through the Site for any purpose outside the scope of these terms or any other applicable agreement between you and Whozat.

Additional Restrictions

In the event of using this service for criminal or civil background checks, you should not assume that this data provides a complete or accurate history of any person's criminal or civil history. You should consult state and federal laws before using this information in making decisions on hiring or firing of employees. We  cannot offer legal advice on how to use the information contained in criminal or civil background reports, and is not responsible for any action taken by the customer based on this information. Customers should use extreme caution when interpreting the results of a criminal or civil background search for any type of personal verification. Positive or false matches in criminal or civil searches may not provide confirmation of an individual's criminal or civil background. Proper use of these reports is the responsibility of you, the customer.

Tracking of Use
All uses of our Site are tracked, and you consent to such tracking and to the provision of all information about your use of our Site as may be useful to respond to allegations that our service or information has been misused.  You consent to the provision of such information (including search terms) with respect to alleged abuses of such information. You further agree to fully cooperate with all audits of our customers and our systems generally.

Fees
Fees for use of the Site are posted on the various search pages. You agree to pay the fees associated with your use of the the Site by providing us with a valid method of payment. You hereby certify that you are authorized to utilize such method of payment, whether as an authorized user of the credit card, PayPal account, or other method accepted by Whozat.   You are responsible for (and must pay for) all use of the Site made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. Whozat will use reasonable efforts to deliver the information services; provided, however, customer accepts all information AS IS. All payments are final with no refunds. Furthermore, Intelius accesses information controlled by third parties and cannot guarantee the accuracy of the information.
We further reserve the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete any search.

Disclaimer Of Warranties
WHOZAT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION IS CURRENT, COMPLETE OR ACCURATE, AND 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 USE OF THE SITE AND INFORMATION.

Indemnification
You agree that you shall indemnify and hold harmless Whozat, its stockholders, officers, directors, employees and agents, and all entities that have contributed information or data to, or provided services, for the Site or Information, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising in any way out of your use of the Site or of the Information and data contained therein. We will promptly notify you of any such claim.

Communication
We primarily use email and postings on the Site to communicate with its customers.

Term
These Terms shall be effective upon your agreement and shall continue until terminated by either of us upon notice, which may be given by email. Those provisions in these Terms that, by their nature, are intended to survive termination shall so survive.  Additionally, all of the restrictions on use of the Information shall continue to apply.

Copyrights and Copyright Agents
Whozat respects the intellectual property of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and appears on the Site, please provide our copyright agent the following information:

* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
* a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
* a description of the specific location on the Site where the material that you claim is infringing is located;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Whozat's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:
Whozat, Inc.
Attn: Copyright Agent
Suite 211
2450 N Lake Ave
Altadena, CA 91001-2442
By e-mail:
support@socialdiligence.com

Miscellaneous
Whozat has the right to terminate any account for any reason. California state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Whozat's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Whozat and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Whozat about the Site.

Last Updated January 13, 2010

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