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TERMS OF USE AGREEMENT
When you use
any service or feature offered through AccuSearch Inc., Abika.com or Abika.info
all of which are hereinafter referred to collectively as "The
Service", you agree to all of the terms and conditions of this
Agreement and consent to Wyoming Jurisdiction. Please read the following terms and conditions
carefully, as they constitute collectively the agreement (the
�Agreement�) between you (the "User") and us.
If you do not agree to these terms and
conditions, you will not use this service. By using this service
and website
you are agreeing to be bound by the terms of this agreement and
consenting to Wyoming Jurisdiction.
1. User agrees to indemnify and hold harmless
the Service., its officers, directors, employees, agents,
researchers, search guides, independent contractors and its subsidiaries, affiliates and the
entities and individuals that have contributed information to or provided
services for the Service, against any and all direct or indirect
losses, claims, demands, expenses (including attorneys' fees) or
liabilities of whatever nature or kind arising out of use of
Services or Information and use or distribution of any
information searched or obtained through the internet or
databases. The Service.,
does not warrant the accuracy, timeliness or completeness of any
of the data returned through any of its websites, emails or the
community of researchers. The Service., can not and will not assume responsibility for
errors due to Searcher or customer data entry, duplicate records, errors in
transmission or processing delays beyond its control. You,
(hereafter referred to as the user) will not hold The Service.,
its affiliates or subsidiaries liable for any damages, claims
or losses suffered as a result of claims by third parties.
2.
The terms "Abika" "Abika.com" and "Psych
Scores" are protected intellectual property. Unauthorized use is
prohibited.
3. Visitor Privacy: This section describes how
The Service handles information it receives from visitors to its
Web Site.
(a). The Service respects your right to privacy and does not
disclose personal information in ways different from what is disclosed in this
statement. The Service collects information from visitors and
users of its Web site and uses the information: internally for administration,
research and marketing purposes, in the fulfillment of the
service commitment to you or as legally required under the law.
(b). Personally
identifiable information collected from customers is sent to third parties when
we need to
share the information you provided for the purpose of fulfilling
the service commitment to you. We need to send the information
to companies working on The Service's behalf or using The
Service, including but not
limited to credit card processing services (these companies have
agreed to maintain information provided by The Service as
secure, confidential information that will not be disclosed
unless legally required to do so). When processing credit card
payments, this information may be sent to reputable third
parties for fraud detection or verification. These providers maintain an
obligation of confidentiality with regard to such information
and shall only use the information for the intended purposes. When
any search or order is free or unpaid you consent
to the release and use of information without any
restrictions whatsoever. Information can also be released to
third parties if we find that you have violated any stated terms
of service or conditions of purchase, hire or use.
(c). As the website develops, we may acquire or divest
organizations, businesses and/or assets, or be acquired ourselves. In such
transactions, customer information generally is one of the
transferred assets.
(d) The Service's Web site's may contain links to other sites.
Please be aware that The Service is not responsible for the
privacy practices of such other sites. We encourage you to be
aware when you leave our site to read the privacy statements of
each and every Web site that collects personally identifiable
information.
(e). By using The Service, you consent to the collection and use
of the information you provide according to this Privacy Policy.
We reserve the right to change our Privacy Policy from time to
time, if this policy is changed, we will post these changes on
this page so that you are always aware of what information we
collect, how we use it, and under what circumstances we disclose
it.
4. I the Customer / viewer /
user understand, acknowledge and agree that I have retained the
interactive computer services of The Service for processing my
search request for the applicable fee. I also understand and
agree that The service is an interactive search engine and upon
submitting my search request I am hiring search guides or
independent researchers to help me search, deduce the results. I also understand and
agree that searching is a
cooperative process and the more information I provide the more
successful my search can be. I also do hereby guarantee to The
Service, that I have submitted my valid payment information in
order to pay such fee and that I understand and agree to the
terms of
The Service's
Money Back Guarantee.
5. I THE CUSTOMER /
VIEWER / USER / RESEARCHER / SEARCH GUIDE DO HEREBY AGREE, WARRANT AND FAITHFULLY
CERTIFY AND PLEDGE, THAT
a) My desire to search, deduce or provide information in no way involves any
intention on my part to harm, to cause any type of physical,
emotional or financial harm, to harass, to stalk
(as described by applicable laws), to publish, to broadcast or
to otherwise take any illegal action against any person,
company, organization or third party which is subject to the
inquiry.
b) I will use, request or provide information only in strict
compliance with all applicable federal, state, and local laws,
rules, regulations, and ordinances, including but not limited to
those concerning privacy, telephone solicitation, fax broadcast,
e-mail transmission, direct marketing, consumer lending, and
employment.
c)
I will only use information for the purpose of (i) a use which will clearly cause no
emotional, physical or financial harm to any person or company,
organization or third party which is subject to the inquiry or
(ii) a use that is relevant to the subject matter of a civil or
criminal action or (iii)
a commonly recognized
business use whereby the business for which you seek the
information has a preexisting business relationship with the
subject of the inquiry.
d)
I will provide any
services or process orders for any service only when the services can be conducted in compliance with Federal,
State and local laws and that I am an independent entity and no
agency, partnership, joint venture, franchiser-franchisee or employee-employer
relationship is intended or created by using The Service or any
of its sites.
e) In the event that, any claim is asserted in any way against the
service I will immediately indemnify, defend and hold harmless
The service from any and all liability including litigation
costs and actual
attorney�s fees.
f) Visitation to any of The Service's websites or placing of a
search request is not for the purpose of pursuit of The Service,
its affiliates, subsidiaries, employees, providers, clients or
officers. I will maintain confidentiality on searches and will not transmit
to or through The Service or any members of its community any information
or materials of any kind which (i) violate, plagiarize or
infringe on the intellectual property or contractual rights of
any third party; (ii) contain libelous, defamatory, obscene,
pornographic, abusive or otherwise unlawful material; or (iii)
contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information.
The Service may suspend or terminate my account if there is
suspicion that I (by conviction, settlement,
insurance or investigation, or otherwise) have engaged in
fraudulent activity in connection with The Service or have
violated any of the terms of this agreement. I also expressly
agree to provide correct and valid contact information where I can be
contacted in order for The Service to confirm my identity, the
order, purpose and payment provisions.
6. I the Customer / viewer / user
/ researcher / search guide understand, acknowledge and
agree that the turn-around times quoted are estimates
of the amount of time it will take to process requests for
services and return the results. Searches can take
longer depending on their complexity and my response times.
Where turn-around times are listed as "days", or "hours", they
are business days and business hours. All communications will be
via email or through my Abika.com account online and I
agree and warrant that I have access to the Internet and to a
current functional personal e-mail address. I take full
responsibility to ensure that my email filter does not block or
misplace emails and that The Service will not be liable for any
undelivered e-mail or online communications.
7.
I
the Customer / viewer / user understand and agree that I am solely
responsible for accurately filling out the order form and
selecting appropriate search request and The Service cannot be held
responsible for typos or mistakes given in the ordering
information entered by me. I also agree and understand that I
have read the description of each service I am paying for as
listed on the website. The fees for any listed service is guaranteed for the scope of
services as described under their respective listing.
I
also agree and understand that returned checks and disputed
credit card transactions for valid searches will be charged an
additional $25.00 fee and any unpaid fees are subject to
20% interest from date of invoice, and I consent to suit in
jurisdiction of The Service's choice.
I also agree and understand that all orders are processed upon
receipt of payment and if I cancel an order that is in progress,
I will pay for any part of the order that is already
completed.
8. Psychological
and personality profiles are
deduced from
any
public information including
other methods such as statistical comparisons with peer groups,
polling and your input.
Psychological and
personality profiles are statistical comparisons of an
individual's behavior with the behavior of others in similar
circumstances who have been studied in the past.
Relevancy of a psychological profile is proportional to
the accuracy of the background information.
Psychological profiling is a statistical estimate of personal
traits and special talents.
9.
The Service is an interactive Person to Person Search Engine.
The Service provides an online forum for internet search, order
processing, delivery, internet search and customer
service. Email, IP, IM, username, profiles and any other
possible results are an estimate through your search criteria and public
resources.
The profiling
and estimating system is The Service�s proprietary system.
Relevancy of results is generally proportional to your input. For most conventional
search engines like Google, Yahoo, Alta Vista, MSN Search and Teoma
the searches are conducted automatically by a computer program
(algorithm) that searches websites and internet data, while in
the The Service model, searches are conducted with the help of
people. Conventional search engines crawl the web
and create an index of web pages and data that is on computers
while The Service maintains an index of researchers / search
guides.
10.
The Service, its affiliates, agents and employees are not liable
to any party for any special, consequential, direct, or indirect
damages for any reliance or use upon the information
disseminated, searched, sold, or displayed on The Service's Web
sites, including but not limited to, business interruption, lost
profits, loss of programs or other data, even if The Service is
expressly advised of the possibility of such damages. In
addition, The Service, its affiliates, agents and employees are
not liable to any party for any special, consequential, direct,
or indirect damages for any correspondence between searchers
and their search subjects or any reunions resulting there from.
11.
This Agreement shall be governed and construed according to the
laws of the state of Wyoming.
This Agreement, its interpretation, performance or any breach
thereof, shall be construed in accordance with, and all
questions with respect thereto shall be determined by, the
internal, substantive laws of the State of Wyoming. In
connection with any judicial proceeding:
(i) the parties consent to the exclusive jurisdiction of the
state and federal courts located in Laramie County, Wyoming.
You expressly agree that exclusive
jurisdiction for any dispute with The Service, or in any way
relating to your use of The Service, resides in the courts in
the State of Wyoming and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts in the
State of Wyoming in connection with any such dispute including
any claim involving The Service or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication
providers, independent entities, users, members and content providers. Users who access this service or website from other states and countries
do so of their own volition and are responsible for compliance with
applicable local laws. We make no representation that this
Service or the site materials are appropriate or available for
use outside of the United States, and access to this Service or
the site materials from territories where their contents are
illegal is prohibited. Those who choose to access this Service
or the site materials from locations outside of the United
States do so of their own volition and warrant, agree, certify
and pledge to comply with applicable local laws including laws regulating
use and acknowledgement
that a release and consent has been obtained if required by your
country to conform to your country's laws.
The Service reserves the right to revise
these terms at any time by updating this posting. Users should
check for updates to terms of use prior to every visitation.
Prior visitation of this site or its links does not absolve any
user from compliance with current terms and conditions of use.
12.
In the event that any provision of this Agreement is
determined by a court to be invalid or otherwise unenforceable,
such provision (or portion thereof) shall be enforced to the
extent possible consistent with the stated intention of the
parties, or, if incapable of such enforcement, shall be deemed
to be deleted from this Agreement, while the remainder of this
Agreement shall continue in full force and remain in effect
according to its stated terms and conditions. Any rights not
expressly granted herein are reserved by The Service. This User
Agreement constitutes the entire agreement between you and The
Service with respect to your use of this service and the site
materials, and supersedes any and all prior understandings or
agreements between you and The Service, whether written or oral.
You acknowledge that, in providing you access to and use of this
Service and the site materials, we have relied on your
acceptance of this User Agreement.
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