Last Modified: July 7, 2014
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE EMAILFINDER.COM.
1. Basic Terms
1.1 Eligibility for Use. You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are using EmailFinder on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on behalf of your employer. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.
1.2 Accounts and Logins. You represent and warrant that all information you provide in connection with the creation of an account with EmailFinder (“Account”) is accurate and true. You agree that, if any information changes, you will update your Account to maintain accurate information.
When you create an Account, you must also create a Login and Password. You agree that you will not distribute your Login or Password to any other person, and you understand that you cannot authorize any other person to use your Account. You agree that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person.
1.3 Passwords and Unauthorized Use.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Inflection cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
If you believe that a third party has gained access to your Account, you agree to notify us by sending an email to email@example.com. Failure to do so may result in your account being terminated without prior notice. EmailFinder has no obligation to retain any data associated with your account if it is terminated.
1.5 Payment Policy.
EmailFinder maintains a Payment Policy regarding all payments made to EmailFinder in connection with premium subscriptions. This policy can be accessed at https://www.emailfinder.com/payment-policy, and is incorporated herein by reference.
1.6 Communications from EmailFinder.
Once you create an Account or otherwise provide your email address to us, you may, from time to time, receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.
1.7 California Consumer Disclosures.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by Inflection.com, Inc. (d/b/a EmailFinder.com), P.O. Box 391146, Omaha, NE 68139.
2. License To Use EmailFinder
2.1 Limited License.
Subject to these Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium, without Inflection’s prior written consent. To the extent any component of the Content or Services may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
2.2 Social Enhancement Tool.
When you connect a third-party social network or website to your EmailFinder Account to enhance your EmailFinder search results with your own Content using our social enhancement tool, you retain your rights to that Content. By connecting a third-party social network or website to your Account, you are expressly authorizing EmailFinder to access your Content on that social network or website for the sole purpose of displaying it to you.
You grant us a worldwide, non-exclusive, royalty-free license to display the Content to you. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. Once you terminate your use of the social enhancement tool, we will delete your Content within a reasonable period of time.
2.3 FCRA Written Instructions.
If you choose to enroll in and use the IdentitySmart credit protection feature within the Services, you acknowledge that you are providing us with “written instructions” authorizing us to obtain your credit report pursuant to the Fair Credit Reporting Act. If at any time you desire to terminate this authorization you may do so with no further obligations.
2.4 Restrictions on Access.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by EmailFinder (and only pursuant to these Terms), without our express prior written consent.
2.5 No Scraping or Unauthorized Access.
You may not do any of the following while accessing or using the Services:
- use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Services;
- access, tamper with, or use non-public areas of the Services, Inflection’s computer systems, or the technical delivery systems of Inflection’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
- interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.
3. Usage Restrictions
3.1 No FCRA Use
EmailFinder is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and 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 may not use EmailFinder or any data provided by EmailFinder to evaluate a person’s eligibility for employment (including, but not limited to, household workers such as nannies and caretakers), to evaluate a person’s eligibility for renting a dwelling property, to evaluate a consumer’s eligibility for credit or insurance, or for any other purpose specified in the FCRA.
3.2 No Marketing List Use
You may not use or permit the use of data accessed via the Services to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party.
You may not use or permit the use of data accessed via the Services for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from, or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party.
3.3 Other Restrictions
You also agree to adhere to the following:
- You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
- You will not use the Services or information derived from the Services in combination with any purpose or personal information covered under the Gramm-Leach-Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), or the Children’s Online Privacy Protection Act (COPPA).
- You will not use the Services to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable state law.
- You will not use the Services or information derived from the Services to bother, stalk, harass, threaten, or embarrass any individual.
- You will not use the Services to seek information about celebrities or public figures.
- You will not use the Services to seek information about, locate, or harm individuals under the age of 18.
- You will not use the Services to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
4. Information Available Through EmailFinder
4.1 Megan’s Law Disclaimer
Information Only. The Company and the government agencies that provide this data have not considered or assessed the specific risk that any convicted sex offender displayed in a search will commit another offense, or the nature of any future crimes that may be committed. This information is NOT a “Wanted Bulletin” and is intended for ADVISORY PURPOSES ONLY.
Legal Limits on Disclosures. Under state law, some registered sex offenders are not subject to public disclosure, so they are not included in sex offender databases. Offenses other than the crimes for which the convicted sex offender is required to register are generally not disclosed in sex offender registries, and thus the information provided may not reflect the entire criminal history of a particular individual.
Mistaken Identities. Extreme care must be taken in the use of information because mistaken identification may occur when relying solely upon name, age and address to identify individuals.
Errors and Omissions. Sex offender data is compiled from reports by local law enforcement. Much of that information is gathered from persons who are required to register as sex offenders and to provide, at least once a year, their addresses and other information to local law enforcement. Because information can change quickly, and there may be gaps in data received, we make no representation, either express or implied, that the information on this site is complete or accurate. Inflection shall not be held responsible for any errors or omissions on this web site or produced by secondary dissemination of this information.
Legal and Illegal Uses. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability.
Notice of Corrections. If you believe that any sex offender information provided here is in error, please contact the appropriate police or sheriff's department, or contact the Department of Justice. See http://NSOPW.gov for more information.
4.2 Public Records Disclaimer
EmailFinder aggregates public records and other publicly available information from various sources (“Public Information”). This Public Information may be made available to you through the Services.
EmailFinder does not verify this Public Information. You understand that we do not evaluate each piece of information provided and you agree that there are no warranties or guarantees regarding the accuracy, legitimacy, or legality of any Public Information, or how recently the Public Information was updated. You agree to rely on the Public Information available through the Services at your own risk.
4.3 Opt-Out Policy
EmailFinder maintains an Opt-Out Policy which allows you to request that Public Information about you be no longer made available through the Services. This policy (as well as our opt out request tool) can be accessed at www.emailfinder.com/opt-out-terms, and is incorporated herein by reference.
You understand that the opt out request tool is only intended to remove Public Information available through EmailFinder, and cannot remove the information from third-party sources, such as phone books or court records.
4.4 Court Records
Court records are provided for informational purposes only. While we endeavor to provide you with the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. EmailFinder shall not be liable for any errors or omissions on this site.
5. Third Parties
EmailFinder utilizes mapping functionality provided by Google Maps, which is subject to additional terms found at http://www.google.com/help/terms_maps.html.
5.2 Links to Other Websites
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource.
Links to such websites or resources do not imply any endorsement by Inflection or EmailFinder of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. Our Intellectual Property
All right, title, interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Inflection and its licensors. Inflection is the exclusive owner of trademark rights in the EMAILFINDER mark. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the EmailFinder name or any of the EmailFinder trademarks, logos, domain names, and other distinctive brand features, in whole or in part, except as expressly authorized by Inflection. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on EmailFinder, framing Content from EmailFinder, or creating any unauthorized derivative work.
We use third-party trademarks on EmailFinder to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and EmailFinder.
Any feedback, comments, or suggestions you may provide regarding EmailFinder or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
7. Intellectual Property and DMCA Claims
We respect the intellectual property rights of others and expect users of the Services to do the same. We respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claiming to have been infringed;
- Identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and an email address;
- A statement by you that you have 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; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: DMCA Designated Agent
555 Twin Dolphin Drive, Suite 200
Redwood City, CA 94065
If you believe that your Content has been infringed in any way by EmailFinder, please provide a detailed description of the alleged infringement via email to firstname.lastname@example.org for further investigation. Our receiving, investigation, or responding to your claim of alleged infringement shall not constitute our agreement or verification of your claim(s) nor any admission of liability therefor. We make no commitment, covenant, promise, warranty, representation, or guarantee that we will receive, review, investigate, or respond to your claim within any particular period of time.
8. Disclaimers and Limitations of Liability
8.1 Disclaimer of Warranty
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM EMAILFINDER, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF THE COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES EMAILFINDER, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NO INFORMATION OR ADVICE PROVIDED ON EMAILFINDER, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
THE COMPANY MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF EMAILFINDER, THE SERVICES, THE CONTENT, OR THE INFORMATION; (ii) AS TO THE QUALITY OR VALUE OF ANY OF EMAILFINDER'S PROUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN VIA THE WEBSITE; (iii) THAT THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (iv) THAT EMAILFINDER, THE SERVICES, THE CONTENT, OR THE INFORMATION WILL MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS; OR (v) THAT ANY ERRORS ON EMAILFINDER WILL BE CORRECTED.
8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Inflection, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms or your use of the Services.
We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Inflection. You shall not settle any dispute subject to your indemnification under these Terms without written consent from Inflection.
9. General Terms
9.1 Controlling Law
These Terms will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence.
9.2 Waiver, Severability, and Assignment
Inflection's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Inflection may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
9.3 Changes to the Service
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. Inflection shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
9.4 Term and Termination
These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 6, 8, and 9.
Nothing in this section shall affect Inflection’s right to change, limit, or stop the provision of the Services without prior notice, as provided above in section 9.3.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
9.6 Modifications to Terms
From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on EmailFinder. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
9.7 Dispute Resolution
Informal Resolution. Before filing a claim against Inflection or EmailFinder, you agree to try to resolve the dispute informally by sending a notice of dispute via certified mail to the following Notice Address:
Attn: General Counsel
555 Twin Dolphin Drive, Suite 200
Redwood City, CA 94065
The notice must include your name, mailing address, and phone number (if any), and must describe the nature and basis of the claim or dispute, as well as set forth the specific relief sought. If a dispute is not resolved within 45 days of after we receive your notice, either you or Inflection may bring a formal arbitration proceeding with the American Arbitration Association (“AAA”).
Agreement to Arbitrate. Please read the following sections carefully, as they affect your rights. You and Inflection agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under the Exceptions to Agreement to Arbitrate below. This agreement to arbitrate is intended to be broadly interpreted, and includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. You acknowledge that these Terms evidence a transaction involving interstate commerce, and thus the United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in these Terms.
Costs of Arbitration. Inflection will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. You will pay the fees for any arbitration you initiate, in accordance with the AAA Rules. However, if you initiate an arbitration after attempting to informally resolve a dispute in accordance with these Terms, and are seeking relief valued at $300 or less (both to you and us), Inflection will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Inflection will pay all such fees in excess of $20. After Inflection receives notice at the Notice Address that you have commenced such an arbitration, Inflection shall promptly reimburse you for any portion of the filing fee you have paid that Inflection has agreed to pay.
If the arbitrator determines that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set for the in Federal Rule of Civil Procedure 11(b)), then: the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules and you agree to reimburse us for any amount we have paid on your behalf to the AAA. Inflection shall not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Arbitration Procedures. You agree that one arbitrator from the AAA will arbitrate the dispute under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by this arbitration provision. The award of the arbitrator shall be accompanied by a reasoned opinion. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location that we mutually agree to.
Exceptions to Agreement to Arbitrate. Either you or Inflection may assert claims, if they qualify, in small claims court in San Francisco (CA) or in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You may not bring a claim as part of a class arbitration, class action, private attorney general action, or consolidation with other arbitrations.
Judicial Forum. In the event that this agreement to arbitrate is found not to apply to you or your claim, you and Inflection agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County (CA). Both you and Inflection consent to venue and personal jurisdiction there, and waive any objection as to inconvenient forum.
Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you agree that if Inflection makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
9.9 Entire Agreement