TERMS OF SERVICE
Effective: October 12 2011
1. ACCEPTANCE OF TERMS.
Welcome to KnowPhone.Com, a Know Them All Media, Inc. property.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING KnowPhone.com. BY ACCESSING OR USING KnowPhone.com, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOUR ONLY REMEDY IS TO NOT ACCESS OR USE KnowPhone.com. REMEMBER THAT KNOWPHONE.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF KNOWPHONE.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
You agree that your use of this website, KnowPhone.com (hereinafter referred to as "Website"), and all Know Them All Media, Inc. properties is governed by the following terms and conditions:
2. ACCESS TO THE DATABASE.
Upon registration, Know Them All Media, Inc. grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, solely for the purpose of performing lawful and appropriate searches for your own personal use.
3. YOUR REGISTRATION OBLIGATIONS.
Use of the Service may require you to register and obtain a password. In return for Know Them All Media, Inc. enabling you to use this Website and the services provided thereon, you agree to: (a) provide true, accurate, current and complete information about yourself when necessary or as prompted by the Website's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of this Website (or any portion thereof).
5. FCRA RESTRICTIONS.
This Website is NOT a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and similar statutes. The information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined in the FCRA. You shall not use any of our information as a factor in (1) establishing an individual's eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals), or (3) any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
6. USE OF THE SERVICE; MEMBER CONDUCT.
You agree that you will not use the Website or the information obtained through the Website:
a. for solicitations, commercial or otherwise, including without limitation making telemarketing calls, transmitting unsolicited paper mail, facsimile messages, text messages, email messages, or any other type of messages;
b. for incorporation into a commercial product or service or for resale purposes;
c. 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., Federal Trade Commission interpretations of the FCRA, and similar state statutes;
d. to download directory listings or other information by using any type of automated means;
e. for the purpose of soliciting, offending or harassing any person or persons;
f. to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way (i) are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of another, or (iii) are known to be false or misleading at the time of entry.
g. harm minors in any way;
h. impersonate any person or entity, including, but not limited to, a Know Them All Media, Inc. representative or official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
i. provide any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential relationship learned or disclosed as part of employment relationships or under nondisclosure agreements);
j. transmit any material 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;
k. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; or
l. intentionally or unintentionally violate any applicable local, state, national or international law.
In the event that KNOW THEM ALL MEDIA, INC. suspects that our databases or our information has been misused, we will contact our suppliers and/or law enforcement agencies (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of this information (including key search data) for such investigative purposes. You further agree to fully cooperate with all audits and investigations of our customers and our systems.
7. MODIFICATIONS TO SERVICE.
Know Them All Media, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services provided on this Website (or any part thereof) with or without notice. You agree that Know Them All Media, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services provided on this Website.
8. DISCLAIMER OF WARRANTIES.
KNOW THEM ALL MEDIA, INC. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITOUT LIMITAITON WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS WITH REGARD TO THIS WEBSITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THIS WEBSITE, OR ANY MERCHANTS LISTED ON THIS WEBSITE, AND KNOW THEM ALL MEDIA, INC. SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. KNOW THEM ALL MEDIA DOES NOT WARRANT THAT THIS WEBSITE, www.KnowPhone.com, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THIS WEBSITE WILL BE CORRECTED.
Neither KNOW THEM ALL MEDIA, INC., nor any of our data suppliers represents or warrants that the information is current, complete or accurate. The information in our databases has been compiled from public records and other propriety sources for the specific purposes of locating individuals, property and businesses. THE INFORMATION AND THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN NO EVENT WILL KNOW THEM ALL MEDIA, INC. (OR ITS DIRECTORS, OFFICERS, EMPLOYERS, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS WEBSITE OR DOWNLOADED FROM THIS WEBSITE, EVEN IF KNOW THEM ALL MEDIA, INC. OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY OR EVENT LISTING OR INFORMATION DOWNLOADED THROUGH THIS WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, KNOW THEM ALL MEDIA, INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree that you shall indemnify and hold harmless KNOW THEM ALL MEDIA, INC., its officers, directors, employees, agents, affiliates, partners, or the entities that have contributed information to or provided services for our database, against any and all direct or indirect losses, claims, demands, expenses, including reasonable attorneys' fees, or liabilities made by any third party due to or arising out of (i) your use of this Website and our databases (ii) your misuse of this Website and our databases (see Section 6), (iii) your connection to this Website, (iv) your violation of this Service Agreement, or (v) your violation of any rights of a third party. We will promptly notify you of any such claim.
You agree that Know Them All Media, Inc., in its sole discretion, may terminate or restrict your account and/or access to this Website, for any reason, or no reason whatsoever, including, without limitation, if Know Them All Media, Inc. believes that you have violated or acted inconsistently with this Service Agreement. Know Them All Media, Inc. may also in its sole discretion and at any time discontinue providing the services of this Website, or any part thereof, with or without notice. You agree that any termination of your access to this Website under any provision of this Service Agreement may be effected without prior notice, and acknowledge and agree that Know Them All Media, Inc. may immediately deactivate or delete your account and all information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Know Them All Media, Inc. shall not be liable to you or any third party for any termination of your access to the Website.
11. PAYMENTS, REFUNDS AND FRAUD.
Fees for use of this Website are posted on the various search pages. You agree to pay the fees associated with your use of this Website's databases by providing us with a valid credit card, PayPal, or other legitimate payment method, and you hereby certify that you are an authorized user of such payment method. You understand that we take credit card fraud and non-payment very seriously. In an effort to protect our customers from credit card fraud, Know Them All Media, Inc. analyzes purchases and attempted purchases of the services on this Website to identify and block individuals suspected of fraudulent activity from using our Website's services in the future. Know Them All Media, Inc. shares this data (including without limitation suspect credit card numbers, email addresses, IP addresses, etc.) with credit card and other payment processors, and potentially, law enforcement, in an effort to reduce fraud.
We reserve the right to suspend the services on this Website to any delinquent account without notice. If you have any questions about our fees, please contact us before you complete any search. You are responsible for (and must pay for) all use of our databases made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
Know Them All Media, Inc. will use reasonable efforts to provide accurate, complete and up to date information, and customer accepts that the services provided on this Website are provided "AS IS." You acknowledge that, as a customer, you are paying for Know Them All Media, Inc. to conduct a search on your behalf, not to return any particular result. Any issues, questions or concerns about a particular purchase must be raised within 30 days of purchase, and you explicitly agree to waive all issues, questions and concerns after such time. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
We want you to be satisfied, and we want to keep our customers happy. If no information can be found for your search you may be given Credits for another search or you may request a refund on our Website, by emailing customer service. Refunds are not issued if data is delivered for a specific request. We will refund at our discretion if data is delivered and you are unsatisfied with the results. All sales are final after 30 days.
12. DEALINGS WITH ADVERTISERS.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Know Them All Media, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
13. THIRD PARTY LINKS.
This Website may provide, or third parties may provide on this Website, links to other World Wide Web sites or resources. You acknowledge that Know Them All Media, Inc. has no control over such external sites or resources and does not endorse and is not responsible for any Content, advertising, products, goods, or other materials on or available from such sites or resources. You further acknowledge and agree that Know Them All Media, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance of any such Content, goods or services available on or through any such site or resource.
14. DISPUTE RESOLUTION.
In any legal proceeding relating to your use of the KNOW THEM ALL MEDIA, INC. databases, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury.
ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT AND THIS WEBSITE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN THE STATE OF WYOMING, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH THIS SERVICE AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement of this paragraph. The parties, their representatives and participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence, except to the limited extent necessary to enforce a final settlement agreement or obtain or enforce a judgment on an arbitration decision and award.
If any provision of this Service Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Service Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
15. OTHER TERMS.
This Service Agreement shall be governed and construed in accordance with the laws of the State of Wyoming. Failure by Know Them All Media, Inc. or by you to insist on the strict performance of any of the terms and conditions of this Service Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Service Agreement. Know Them All Media, Inc. may assign its rights and duties under this Service Agreement to any party at any time without notice to you.
The terms and conditions set forth herein constitute our entire agreement, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect.