TERMS & CONDITIONS

SkipSmasher, LLC and its related sites or software products (“Service” or “Site” or “SkipSmasher”) 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. SkipSmasher 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. ALL CUSTOMERS OF SKIPSMASHER SHOULD CAREFULLY REVIEW THESE TERMS. THEY CONTAIN IMPORTANT INFORMATION ABOUT LEGAL RIGHTS AND RESPONSIBILITIES.

 

COMPLIANCE WITH ALL STATE AND FEDERAL DATA PRIVACY LAWS: Both Website and Customer agree to comply with all State and Federal data privacy laws and regulations when using data from this service and website.

 

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.

 

DEFINITIONS

• “SkipSmasher, LLC” refers to the Missouri LLC by the same name, as well as its successors and assigns.
• “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 SkipSmasher, namely any person that seeks to use and engage with the SkipSmasher Service and is authorized to do so.

 

NATURE OF SERVICE; ELIGIBILITY; ACCESS RESTRICTIONS

1. Service Generally. SkipSmasher is an online data service for specific types of businesses that qualify for use of public record and non-public record information products for the purpose of locating and identifying persons. Compliance with the Gramm-Leach-Bliley Act, the Driver''s Privacy Protection Act, and all similar federal and state laws that currently exist or may exist in the future may be required depending on the specific SkipSmasher product employed by Customer.
2. Gramm-Leach-Bliley Act Certification: In accordance with the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and its implementing regulations (collectively, “GLBA”), certain non-public information products available at SkipSmasher, including people searches, may only be used for purposes as authorized in the GLBA. Customer certifies that it will only access SkipSmasher in accordance with the GLBA for one or more of the following purposes, as allowable by law:
   • As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer;
   • To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
   • In required institutional risk control programs;
   • In resolving customer disputes or inquiries;
   • Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer;
   • Use by persons acting in a fiduciary or representative capacity on behalf of the consumer;
   • In complying with federal, state, or local laws, rules, and other applicable legal requirements;
   • To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of the Treasury, a State insurance authority, or the Federal Trade Commission), self-regulatory organizations, or for an investigation on a matter related to public safety.
3. Driver''s Privacy Protection Act Certification. SkipSmasher may contain driver''s license and motor vehicle registration information governed by the Driver''s Privacy Protection Act (18U.S.C. § 2721 et seq.) and related state laws (“DPPA”). In accordance with the DPPA, such information may only be used for the following purposes:
   • For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions, pursuant to 18 U.S. Code § 2721(b)(1).
   • For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers, pursuant to 18 U.S. Code § 2721(b)(2).
   • Pursuant to 18 U.S. Code § 2721(b)(3), for use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
     • to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
     • if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
   • For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court, pursuant to 18 U.S. Code § 2721(b)(4).
   • For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, re-disclosed, or used to contact individuals, pursuant to 18 U.S. Code § 2721(b)(5).
   • For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating or underwriting, pursuant to 18 U.S. Code § 2721(b)(6).
   • For use in providing notice to the owners of towed or impounded vehicles, pursuant to 18 U.S. Code § 2721(b)(7).
   • For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection, pursuant to 18 U.S. Code § 2721(b)(8).
   • For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver''s license that is required under chapter 313 of title 49 of the United States Code, pursuant to 18 U.S. Code § 2721(b)(9).
   • For use in connection with the operation of private toll transportation facilities, pursuant to 18 U.S. Code § 2721(b)(10).
   • For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains, pursuant to 18 U.S. Code § 2721(b)(11).
   • For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains, pursuant to 18 U.S. Code § 2721(b)(12).
   • For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains, pursuant to 18 U.S. Code § 2721(b)(13).
   • For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety, pursuant to 18 U.S. Code § 2721(b)(14).
4. Fair Credit Reporting Act. Customer acknowledges and agrees that SkipSmasher is not a “consumer reporting agency” defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”) and the SkipSmasher 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.
5. “Limited Access Death Master File” Data. Certain data provided via the Service may include information obtained from the US Department of Commerce''s National Technical Information Service. Such data is subject to Federal regulations (15 CFR Part 1110 et seq.). All Customers are required to comply with all applicable laws and regulations regarding this data. Federal regulations provide for financial penalties for each unlawful disclosure.
6. Restricted Uses of Services/Data. Excluded uses of this data/service include but are not limited to the following uses: 1.) May NOT be used to locate suspects in a criminal or civil lawsuit in order to develop a news story; 2.) May NOT be used to track down victims of fraud, their family members or friends to develop a news story.; 3.) May NOT be used to locate lost loves, friends, family members or for personal reasons (e.g. dating, etc.); 4.) May NOT be used for purposes that may cause physical or emotional harm to the subject of the report (e.g., stalking, harassment, etc.); 5.) May NOT be used to search for individuals involved in adoption (children, parents, siblings, etc.); 6.) May NOT be used to locate personal information on well known/high profile celebrities, government officials, etc.; 7.) May NOT be used in connection with credit repair services, to locate previous debtors or to assist in the determination of whether or not to file a personal lawsuit or judgment against the subject of the report.; 8) May NOT be used to access individual reference data on one''s self or out of personal curiosity.; 9.) May NOT be used by Professional or Commercial users for purposes that are not within their normal course of business (e.g., a repo agency may NOT use our services/products to locate a witness to a crime). Unauthorized use of the service and data may constitute an unfair and deceptive practice under the Federal Trade Commission Act. This paragraph shall not be deemed to be an exhaustive list of all prohibited uses of this data; other excluded uses are described throughout these Terms.
7. Consumer Data Privacy Laws: Both Skip Smasher and Customer agree to comply with all state and federal consumer data privacy laws.
8. No Legal Advice Provided. Customer acknowledges that SkipSmasher cannot provide legal advice regarding the appropriate uses of non-public, personal information. It is Customer''s obligation and responsibility to seek independent legal counsel in interpreting any applicable law. SkipSmasher will not revise its policies based on any opinion of any third-party attorney or legal advice.

 

ACCOUNT APPLICATION, REGISTRATION AND MAINTENANCE

8. SkipSmasher Registration Eligibility. Skip Smasher is a service for certain types of businesses lawfully operating within the United States. Individuals are not eligible to subscribe to the service. By registering with the Site, a Customer affirms that the Customer''s registration is in compliance with all laws, rules and regulations applicable to the Customer. SkipSmasher reserves the right to prevent or cancel a Customer''s registration for any reason. Membership in SkipSmasher is void where prohibited by law.
9. Permissible Business Types. SkipSmasher only approves applications of qualified businesses that are of a business type that is on the Service''s published list of permissible business types. Further, if the business entity is a dual use business, with one type of business on the permissible list and the other not, SkipSmasher will also reject the application. SkipSmasher reserves the absolute right to add or delete business types from its permissible business type list.
10. CustomerAccount Profile. 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 customer contact data contained in any Customer''s account profile including name, email address and cell phone number.
11. Customer Account Verification. SkipSmasher may, in its sole discretion, require additional verification of Customer''s identity or other background information before Customer initially accesses or continues to access the Site. Upon request, Customer shall be obligated to provide SkipSmasher with additional information that may be requested. Moreover, SkipSmasher reserves all rights to independently verify all information provided in any registration or application and to further investigate Customer as necessary to determine Customer''s initial and ongoing eligibility for service. Customer acknowledges and accepts that SkipSmasher may reject any Customer application, for any reason whatsoever, without recourse against SkipSmasher, its officers, directors, employees and associated parties.
12. 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 SkipSmasher login credentials.
    • Any system access software employed by Customer, whether developed by Customer or a third party, must hide or embed SkipSmasher login credentials.
    • Each of Customer''s authorized employee must be assigned a unique SkipSmasher 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 SkipSmasher employee.
    • Customer agrees that SkipSmasher 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 SkipSmasher investigation into any actual or possible fraudulent, unauthorized or unlawful activity.
    • Customer shall regularly monitor its account, and all communications occurring there under, 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 SkipSmasher account access shall be assigned his or her own unique username by the Security Designee of Customer''s SkipSmasher account at no additional charge.
    • Customer shall not login to SkipSmasher from outside of the United States or via any proxy server/service that masks Customer''s true IP address.
    • Customer must notify SkipSmasher immediately if it becomes aware of any actual or potential compromise of its SkipSmasher login credentials.
13. Subscriber Changes. Customer shall immediately notify SkipSmasher of any changes to the information on the Customer''s Account. Notification of any changes shall be written, and sent via email to info@skipsmasher.com. SkipSmasher reserves the right, in its sole discretion, to modify, terminate, or otherwise revise any pre-existing license of the Service to any Customer upon receipt of any change to Customer''s status.
14. Security Designee. Customer must appoint and identify a Security Designee, who shall be the primary contact person for any security notices, errors or alerts related to Customer''s account. To the extent that Customer does not otherwise identity a Designees, the signatory on the Customer''s initial application shall be the Security Designee.
15. License; Multiple Licenses. Each Customer Site license allows one individual to access the service at one time. For example, a single user license allows one user to access the system at a time while a three-user license allows up to three users to be signed on to the system at a time.
16. Payment for Service. SkipSmasher shall charge Customer a monthly subscription fee per user license, plus the cost of any ordered premium searches at such prices as posted on the Site. The monthly subscription fee may change from time to time and the current fee shall always be posted on the “pricing” page in the public portion of the Site. The monthly subscription fee may change from time to time. SkipSmasher reserves the right to change its fees and prices at any time without prior notice.
17. Privacy of Customer Account Data; Collection of Customer Data. SkipSmasher may collect and maintain personal information related to Customer. SkipSmasher 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 SkipSmasher shall generally be treated as confidential.
18. Customer Liability for Account or Service Data Breaches. In the event that Customer''s account is accessed by unauthorized persons due to the negligence or intentional acts of the Customer, the Customer shall bear the full financial cost of all legally required consumer data breach notifications and all claims and costs (including legal fees) arising out of the data breach.
    • For purposes of this provision,Customer agrees to a pre-defined consumer notification fee of $50 per consumer affected by any breach. This pre-set fee shall not be construed as any limitation on the liability for losses arising out of the data breach, but only the cost to notify each consumer, as may be required by applicable law, about whom information was accessed.
    • Events that may be subject to damages under this section include, but are not limited to:
      • Customer failure to revoke login credentials for any former employee;
      • Customer use of any insecure Internet connection, which may include, but is not limited to, insecure public Internet access points;
      • Customer disclosure of its login credentials to any unauthorized party;
      • Customer becomes aware of a security breach of any of its computer systems and does not change its SkipSmasher log-in credentials.
      • Customer failure to heed SkipSmasher system-generated warning notification emails about unusual or suspicious account activity on Customer''s account, which may include, but are not limited to, password recovery requests, unfamiliar ISP warnings, account lockout warnings, and notice of suspicious payment activities.
      • Customer abandons the email address associated with its account, leading to missed security or account activity alerts indicating possible or actual unauthorized access to its account;
      • Customer intentionally shares its login credentials with any non-employee.

19. Personal Liability for Account or Service Data Breaches. Customer agrees that SkipSmasher shall have the express right to pursue any right for damages as set out in these Terms against any individual associated with the Customer. This may include, but is not limited to, the persons whose names and/or signatures are provided to SkipSmasher for purposes of accessing the Service. Such individuals may include, but are not limited to, any owner, partner, president, vice president, secretary, treasurer, qualified manager, licensees, or other authorized agents of Customer.
20. Audits of Customer Accounts; Liquidated Damages. SkipSmasher shall have the absolute right to audit Customer''s Account and use of the Service to assure appropriate use of the service including compliance with the GLB Act. Such audits may require Customer to provide certain documentation or records as SkipSmasher may require. Any materials produced to SkipSmasher pursuant to an audit shall be treated as confidential information by SkipSmasher. Any Customer failure to promptly comply with an audit notice may result in an immediate suspension or termination of Customer''s Account. In the event that this prohibition is violated by Customer, directly or indirectly, Customer shall pay SkipSmasher not less than fifty thousand dollars ($50,000) for each instance of non-compliance with any term of this paragraph. Customer shall also pay all legal fees and costs, including attorney’s fees, incurred by SkipSmasher as a result of any violation of these Terms.
21. Customer Account Suspension, Cancellation, Termination and Reactivation. SkipSmasher reserves the right, in its sole discretion, to suspend orterminate the account of any Customer for any reason. The Site may similarly prohibit a Customer from accessing the Site or any portion of the Service at its sole discretion.
    • Customer must run at least one premium search or pay for one month''s basic subscription fee every twelve (12) months to prevent account termination for non-use.
    • SkipSmasher shall have the absolute right to approve or reject all requests for reactivation of canceled accounts. To the extent a reactivation of a Customer account is approved, Customer may be required to provide updated contact information, complete a new account application and pay a non-refundable reactivation fee of one hundred dollars ($100) before the Customer is again granted access to the Service.
    • Customer may cancel a subscription to the Service at the conclusion of any billing cycle by notifying SkipSmasher in writing of Customer''s request to cancel. Accounts canceled during the middle of a billing cycle will not be issued a refund for the unused fee portion of the cycle. Any funds remaining in the Customer''s premium search fund will be paid to Customer after deducting a $10 cancellation fee. If less than $10 is in the Customer''s account, any remaining funds will be used as a cancellation service fee. If no funds are left in the account, no cancellation fee will be charged.

 

CUSTOMER''S USE OF SERVICE

22. 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 SkipSmasher irreparable harm, and SkipSmasher''s damages would not be readily determinable. Customer agrees that, for each violation of this provision, Customer shall pay SkipSmasher not less than seventy-five thousand 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 SkipSmasher as a result of any violation of these Terms.
    • Improper Disclosure to Consumer; Liquidated Damages. It is strictly prohibited for Customer to provide a SkipSmasher report, data, or excerpt thereof, directly or indirectly, to a consumer about him/herself unless required by law or under a court order. In the event that this prohibition is violated by Customer, directly or indirectly, Customer shall pay SkipSmasher not less than fifty thousand dollars ($50,000) for each demonstrated distribution of any Content about a Consumer to him/herself. Customer shall also pay all legal fees and costs, including attorney''s fees, incurred by SkipSmasher as a result of any violation of these Terms.
23. Release of Location/Identification Information of Search Subjects. Customer hereby agrees to abide by the industry “best practices” for release of personally identifying information and subject location disclosure as described at NCISS.org, as follows: “A member shall, prior to providing a person any personally identifying or location information of an individual, conduct appropriate due diligence to ensure that the person has a legitimate business or legal interest in obtaining that information. When such due diligence is not possible or appropriate, or if the person appears to not have a legal or business interest, the person shall be informed that their contact information will be provided to the subject they are seeking and the personal identifying information of the subject they are seeking will only be provided to the person if that party consents.”
24. Customer as End User; No Remarketing. Data provided by SkipSmasher to Customer shall not be resold or remarketed to any third party. Customer warrants that it is the end-user of the data.
25. Customer Computer Errors. SkipSmasher does not offer Service credits for Customer computer errors, regardless of the type of error or malfunction.
26. Text and Wireless Messages. Customer provides permission to SkipSmasher to send text messages to a Customer''s wireless device or cellular phone. These messages may contain password recovery codes and other security alerts that are critical to Customer''s continued use of and access to the Service.
    • Customer recognizes that this provision shall expressly constitute “prior express written consent” for such messages under the Telephone Consumer Protection Act of 1991(47 U.S.C. § 227 et seq.).
27. 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 SkipSmasher do so entirely at their own risk.

 

CONTENT AND INTELLECTUAL PROPERTY

28. Site Ownership. The Service and Site are owned by SkipSmasher 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. 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 SkipSmasher. SkipSmasher does not confer any rights to any Customer, either expressly or by implication, except as otherwise provided herein.
29. Customer Communications. Customer acknowledge that communications with SkipSmasher, 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 SkipSmasher. In sending the Site any information or material, Customer grants SkipSmasher 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.
30. Limited License to Access Content. The Content appearing on SkipSmasher may be subject to copyright protection. Applicable copyrights are the proprietary property of SkipSmasher, its Customers, its licensors, or other third parties with all rights reserved.
    • Content on SkipSmasher 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 SkipSmasher.
    • Customers are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on SkipSmasher 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 SkipSmasher, 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 SkipSmasher 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 SkipSmasher is strictly prohibited and shall immediately terminate without notice any license granted by these Terms.
31. Trademarks, Service Marks and Other Intellectual Property. Content appearing on SkipSmasher may contain trademarks, service marks, trade names and trade dress owned by SkipSmasher. 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 SkipSmasher. Unless explicitly stated, nothing in these Terms shall be construed as a grant of intellectual property rights under any legal theory.
32. Third Party Content and Services. The Content available via the Service includes Content provided by third parties that originates or is otherwise authored or published by the third parties, completely independent of any review by SkipSmasher. As such, SkipSmasher 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 SkipSmasher does not imply endorsement or approval of any resource. SkipSmasher does not investigate, review, monitor or otherwise regulate third party data 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.
33. Claims of Copyright Infringement. SkipSmasher prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act (“DMCA”), SkipSmasher provides the following contact information for receipt of infringement notices: SkipSmasher, LLC, 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, SkipSmasher 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, SkipSmasher reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

34. Data Accuracy Not Guaranteed/Technical Errors. SkipSmasher attempts to ensure accuracy of information on the Service, but cannot guarantee that any content is entirely correct, current or complete.
    • SkipSmasher makes no warranty, expressed or implied, as to the reliability or accuracy of either its Service or data provided. Computerized data provided by SkipSmasher may contain technical or typographical errors, inaccuracies, incompleteness, false “no record” results and omissions.
    • Information contained in SkipSmasher 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 SkipSmasher 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.
35. 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. SKIPSMASHER 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, SKIPSMASHER MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CUSTOMER UNDERSTANDS AND AGREES THAT ACCESSING SKIPSMASHER 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.
36. Limitation of Liability. IN NO EVENT WILL SKIPSMASHER 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 SKIPSMASHER 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 SKIPSMASHER, REGARDLESS OF THE CAUSE OF ACTION.
37. Indemnity. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY SKIPSMASHER, 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.

 

ADDITIONAL TERMS

38. Term. This Agreement shall be in full effect from the date of execution by Customer throughout the period of time that SkipSmasher provides Service to the Customer.
39. 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.
40. Notices. Any notice or other communication regarding these Terms shall be written. Notices sent to SkipSmasher shall be sent to SkipSmasher LLC, Attn: Legal Dept, 230 S. Bemiston, Clayton, MO 63105.
41. Governing Law. This Site has been designed to comply with United States law. SkipSmasher 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 Missouri, without regard to principles of conflict of laws, will govern these Terms.
42. 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.
43. Assignment. Except as expressly provided herein, no Customer shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under these Terms without the express written consent of SkipSmasher.
44. Severability. If any provision or portion of these Terms is 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.
45. Modifications. SkipSmasher 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.
46. Merger Clause/Entire Agreement. These Terms represent the final agreement between Customer and SkipSmasher, 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.
47. 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.
48. Headings. Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.
49. Waiver. SkipSmasher''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.
50. Relationship of Parties. Customer shall at no time represent that it is an agent or representative of SkipSmasher. Customer and SkipSmasher are independent contractors. Nothing in these Terms shall be deemed to create an agency, partnership, employment,or joint venture relationship between the parties.
51. 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.
52. 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.

By clicking the blue "I AGREE" button below, Customer agrees, acknowledges and accepts fully the foregoing Terms.