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USER AGREEMENT:
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Terms and Conditions 1. General conditions This web site (this "Site") is provided by Check Theft ID, LLC ("CheckTheftID") as a service to allow searching or posting information ("Information") related to finding missing or stolen goods and verification of ownership of specified goods ("Services"). You must register prior to listing or searching the Site and you must certify that each of the following is true: . You are the legal owner of the goods to be listed as missing or stolen and you are able to prove such ownership prior to listing. . You are at least 18 years of age. . You have filed a report of the missing or stolen goods with either the authorities or an insurer of the goods. Your use of the site is expressly conditioned on your acceptance of the terms and conditions of use set forth herein (the "Terms and Conditions"). By accessing, using, supplying and/or downloading Information from this Site, you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by these Terms and Conditions for each use of, and each visit to, this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or supply, download or use Information from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with CheckTheftID. 2. Fees, Rewards, and Recovery CheckTheftID does not charge fees for searching the Site. Fees are charged for listing stolen or missing property. Rewards may be offered for the recovery of missing or stolen property by the owner or authorized representative of the owner. Payment of any reward is the responsibility of the listing party and must be paid on the terms and arrangements that are made between the parties. All fees must be paid for before the listing may take place. If you are notified that your property has been discovered, you agree to use proper authorities and only legal means to recover the property. 3. Changes to Terms and Conditions CheckTheftID has the right, in its sole and absolute discretion, to add, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of the Site or supplying, downloading or using Information from it after any changes are posted will be considered acceptance of those changes. 4. Changes to this Site CheckTheftID may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. CheckTheftID may similarly remove, add, modify or otherwise change any content on this Site. CheckTheftID may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. CheckTheftID reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any portion of this Site at any time without notice. 5. Permitted and Prohibited Uses Subject to these Terms and Conditions, CheckTheftID grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Information thereon, solely for your own personal use, provided, however, that you may not, agree not to, nor may you allow others to, directly or indirectly: (i) sell, modify or attempt to modify the Information in any way or reproduce or publicly display, perform, or distribute or otherwise use the Information for any public or commercial purpose, including without limitation use of the Information on any other web site or in any environment of networked computers; (ii) transfer the Information to any other person without the written consent of CheckTheftID; (iii) use this Site in any manner that could damage, disable, overburden or impair this Site; (iv) interfere with the security of, or otherwise abuse, this Site or the Services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (v) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (vi) upload, post or otherwise transmit on this Site any items, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs; (vii) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract data from this Site or the Information in whole or in part; (viii) use or attempt to use another's account, password, service, system or other information without prior written authorization from CheckTheftID, or create or use a false identity on this Site; (ix) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or (x) attempt to obtain unauthorized access to this Site or portions of this Site which may be restricted to general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Information. 6. Proprietary and Intellectual Property Rights Limited License and Copyright. This Site, including all Information, is protected by United States of America and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Information. Except as expressly provided herein, CheckTheftID does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of CheckTheftID. Subject to the terms and conditions set forth in this Agreement, CheckTheftID grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon, and to view and download the Information, only in connection with the Services described by CheckTheftID for use by you. This authorization is not a transfer of title to the Information or to copies of the Information and is subject to the following restrictions: a) you must retain, on all copies of the Information downloaded, all copyright and other proprietary notices contained in the Information; b) you may not modify the Information in any way or reproduce or publicly display, perform, or distribute or otherwise use it for any public or commercial purpose; c) you may not transfer the Information to any other person without our written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. Trademarks. The Site name, company name and logos of CheckTheftID or any affiliate used on this Site may be trademarks, including registered trademarks of CheckTheftID or an affiliate. Such names, company names and logos of CheckTheftID and its affiliates may not be copied, imitated, duplicated or used, in whole or in part, without the prior written consent of CheckTheftID or such affiliate. Other goods, products and company names mentioned on this Site may be the trademarks of their respective owners. Reservation of Rights. CheckTheftID and its affiliates' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. CheckTheftID and its affiliates reserve all such rights and none are granted by use of this Site or the Information. Software. Any software, including any files, images generated by such software, code and data accompanying such software, (the "Software"), used or accessible through this Site is the copyrighted work of CheckTheftID, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not distribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software. Termination. CheckTheftID may terminate all rights and licenses contained herein without notice. 7. On-line Communities and Other Interactive Areas To the extent that this Site contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and communications that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or messages of any kind, or which infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. CheckTheftID does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, CheckTheftID reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any message or Information, in whole or in part, that in CheckTheftID believes in its sole and absolute discretion to be objectionable or in violation of these Terms and Conditions. 8. Links and Third Party Content Certain links on this Site may take you to other web sites. CheckTheftID provides these links only as a convenience. These linked sites are not necessarily under the control of CheckTheftID. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. CheckTheftID is not responsible for the contents of any such linked page or any other page not under its control. CheckTheftID makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that CheckTheftID sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CheckTheftID. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that CheckTheftID shall not have any liability whatsoever to you for any such third party material, data or information. 9. Linking Agreement CheckTheftID welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the Link Conditions described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions: a. A link may be established to the following home page (the "Home Page") of this Site. Links may not be established to any pages on this Site other than the Home Page without CheckTheftID' written permission: http://www.checktheftid.com b. You acknowledge that all rights to the Marks, the content appearing on the Web Pages and the "look and feel" of the Web Pages belong to CheckTheftID. You will not at any time directly or indirectly contest or infringe these rights. c. If you link to this Site, your web site: o may not create frames around this Site or use other techniques that alter the visual presentation of this Site; o may not imply that CheckTheftID is endorsing you or your products or services; o may not imply an affiliation between your company and CheckTheftID without the prior written consent of CheckTheftID; o may not misrepresent your relationship with CheckTheftID or present false or misleading impressions about CheckTheftID's products or Services; o may not contain Information that may be interpreted as distasteful or offensive and should be appropriate for all age groups; d. CheckTheftID shall have no responsibility or liability for any content appearing on your web site; e. CheckTheftID may at any time, in its sole discretion, immediately terminate your license to use the Marks and your right to link to this Site, with or without cause. If CheckTheftID exercises this right, you will immediately remove all links to this Site and cease using the Marks; CheckTheftID may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time. 10. Agreement to Privacy Policy Personal data may be collected, processed, used, communicated, and disclosed by CheckTheftID and its affiliates for the purpose of providing and offering the Services and to facilitate transactions you enter into with CheckTheftID and its affiliates. You can find further information on the collection, use, communication, and disclosure of your personal data in CheckTheftID's Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions. 11. Disclaimers You acknowledge that any use of or reliance on this Site or any Information shall be at your sole risk. CheckTheftID makes no representation or warranty of any kind regarding the Site and/or the Information, all of which are provided on an "AS IS" basis. CHECKTHEFTID EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CheckTheftID does not guarantee, and makes no representation or warranty as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Information or about the results to be obtained using the Information. CheckTheftID has no obligation to maintain either the availability or the currency of the Site or Information or to provide notice of any changes made to the Information. CheckTheftID does not warrant that this Site will continue to operate, operate without interruptions or that it will be error-free. This Site may from time to time contain material, data or Information provided, posted or offered by third parties, including but not limited to advertisements or postings. You agree that CheckTheftID shall not have any liability whatsoever to you for any such third party material, data or information. 12. Limitation of Liability YOU AGREE THAT CHECKTHEFTID, ITS AFFILIATES AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE INFORMATION OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF CHECKTHEFTID, ITS AFFILIATES OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that CheckTheftID's aggregate liability for damages shall be limited to $100. The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy. 13. Indemnity You agree to defend, indemnify and hold harmless each of CheckTheftID, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Information or your breach of these Terms and Conditions. 14. Choice of law This Site is controlled, operated and administered by CheckTheftID from its offices within the State of Michigan, United States of America. CheckTheftID makes no representation or warranty that Information at this Site is appropriate or available for use at any locations outside of the United States. If you access this Site from outside the United States of America, you are responsible for compliance with all local law. You may not export any of the Information accessible through this Site in violation of applicable laws and regulations. These Terms and Conditions shall be deemed to have been made and performed exclusively in Michigan and shall be governed by and construed under the laws of the State of Michigan and the laws of the United States of America applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts in the State of Michigan for any claim arising in connection herewith and agree not to bring any action, claim, suit or proceeding against CheckTheftID (or any officer, director, or employee thereof) in any jurisdiction other than the State of Michgian. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions. 15. Miscellaneous These Terms and Conditions constitute the entire agreement between CheckTheftID and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Scroll to read agreement