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https://www.seekhd.com/pni/purchase?phoneno=2543564544&plan=602f294b97a97705a788759d
Submission: On April 18 via manual from CA — Scanned from CA
Submission: On April 18 via manual from CA — Scanned from CA
Form analysis
1 forms found in the DOMPOST
<form class="fields bv-form" id="paymentForm" role="form" method="POST" novalidate="novalidate"><button type="submit" class="bv-hidden-submit" style="display: none; width: 0px; height: 0px;"></button>
<div class="form-group"><input class="form-control" id="inputPhoneno" type="hidden" name="payload" value="2543564544"></div>
<div class="form-group"><input class="form-control" id="inputPlan" type="hidden" name="plan" value="602f294b97a97705a788759d"></div>
<div class="form-group"><label class="control-label" for="email">Your Email Address</label><input class="form-control weTrack inspectlet-sensitive" id="email" type="email" name="email" value="" onfocus="this.value = this.value;"
data-bv-emailaddress="false" placeholder="john.mason@example.com" data-private="lipsum" data-bv-field="email"><small class="help-block" data-bv-validator="notEmpty" data-bv-for="email" data-bv-result="NOT_VALIDATED"
style="display: none;">Please enter a valid email address</small><small class="help-block" data-bv-validator="regexp" data-bv-for="email" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter a valid email address</small></div>
<div class="form-group"><label class="control-label" for="inputCardholderName">Cardholder Name</label><input class="form-control weTrack inspectlet-sensitive" id="inputCardholderName" type="text" name="name" placeholder="Ex. John Mason"
data-private="lipsum" data-bv-field="name"><small class="help-block" data-bv-validator="notEmpty" data-bv-for="name" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter the full cardholder name</small><small class="help-block"
data-bv-validator="regexp" data-bv-for="name" data-bv-result="NOT_VALIDATED" style="display: none;">Name should not contain more than 5 consecutive digits</small><small class="help-block" data-bv-validator="stringLength" data-bv-for="name"
data-bv-result="NOT_VALIDATED" style="display: none;">The full name must be between 4 and 100 characters</small></div>
<div class="form-group prelative"><label class="control-label" for="inputCardNumber">Card Number</label><img src="/static/3cc84c70/images/logo-cards.png" title="Credit Cards" alt="Credit Cards"><input
class="form-control weTrackBlind inspectlet-sensitive" id="inputCardNumber" type="tel" name="ccnumber" placeholder="Ex. 4444 5555 6666 7777" data-private="lipsum" data-bv-field="ccnumber">
<div class="secure-icon"><i class="fa fa-lock"></i>Secure</div><small class="help-block" data-bv-validator="notEmpty" data-bv-for="ccnumber" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter a valid card number</small><small
class="help-block" data-bv-validator="creditCard" data-bv-for="ccnumber" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter a valid card number</small>
</div>
<div class="form-group"><label class="control-label">Card Expiration Date</label>
<div class="row">
<div class="col-lg-4 col-md-5 col-sm-6 col-xs-6"><select class="form-control inspectlet-sensitive" id="selectMonth" name="month" we-event="month" title="Card Expiration Month" data-private="lipsum" data-bv-field="month">
<option value="">Choose Month</option>
<option value="01">01 - January</option>
<option value="02">02 - February</option>
<option value="03">03 - March</option>
<option value="04">04 - April</option>
<option value="05">05 - May</option>
<option value="06">06 - June</option>
<option value="07">07 - July</option>
<option value="08">08 - August</option>
<option value="09">09 - September</option>
<option value="10">10 - October</option>
<option value="11">11 - November</option>
<option value="12">12 - December</option>
</select></div>
<div class="col-lg-4 col-md-5 col-sm-6 col-xs-6"><select class="form-control inspectlet-sensitive" id="selectYear" name="year" we-event="year" title="Card Expiration Year" data-private="lipsum" data-bv-field="year">
<option value="">Choose Year</option>
<option value="2024">2024</option>
<option value="2025">2025</option>
<option value="2026">2026</option>
<option value="2027">2027</option>
<option value="2028">2028</option>
<option value="2029">2029</option>
<option value="2030">2030</option>
<option value="2031">2031</option>
<option value="2032">2032</option>
<option value="2033">2033</option>
<option value="2034">2034</option>
<option value="2035">2035</option>
<option value="2036">2036</option>
<option value="2037">2037</option>
<option value="2038">2038</option>
<option value="2039">2039</option>
<option value="2040">2040</option>
<option value="2041">2041</option>
<option value="2042">2042</option>
<option value="2043">2043</option>
<option value="2044">2044</option>
</select></div>
</div>
<div class="cc-expiry has-error"><small class="help-block" data-bv-validator="callback" data-bv-for="month" data-bv-result="NOT_VALIDATED" style="display: none;">Please select the correct card expiration month and year</small><small
class="help-block" data-bv-validator="callback" data-bv-for="year" data-bv-result="NOT_VALIDATED" style="display: none;">Please select the correct card expiration month and year</small></div>
</div>
<div class="form-group"><label class="control-label" for="inputCvvNumber">CVV Code</label>
<div class="row">
<div class="col-lg-4 col-md-5 col-sm-4 col-xs-5"><input class="form-control weTrackBlind inspectlet-sensitive" id="inputCvvNumber" type="tel" name="cvv" placeholder="Ex. 123" maxlength="4" data-private="lipsum" data-bv-field="cvv"><small
class="help-block" data-bv-validator="notEmpty" data-bv-for="cvv" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter the correct CVV</small><small class="help-block" data-bv-validator="cvv" data-bv-for="cvv"
data-bv-result="NOT_VALIDATED" style="display: none;">Please enter the correct CVV</small><small class="help-block" data-bv-validator="stringLength" data-bv-for="cvv" data-bv-result="NOT_VALIDATED" style="display: none;">Please enter a
value with valid length</small></div>
<div class="col-lg-2 col-md-2 col-sm-2 col-xs-2 p0"><img class="cvv" src="/static/3cc84c70/images/cvv.png" title="CVV" alt="CVV"></div>
<div class="col-lg-6 col-md-5 col-sm-6 col-xs-5 p0">
<div class="question">
<i class="fa fa-question-circle"></i><a id="purchaseTooltipWhatThis" href="javascript:void(0);" data-toggle="tooltip" data-placement="top" title="" data-original-title="For Visa, MasterCard or Discover this is the last three digits in the signature area on the back of your card. For American Express it is the four digits on the front of your card.">What's this</a>
</div>
</div>
</div>
</div>
<div class="form-group checkbox"><label class="control-label"><input class="weTrack" id="acceptTermsCheckbox" type="checkbox" name="acceptTerms" value="true" data-bv-field="acceptTerms">I agree to the
SeekHD <a class="weTrack" data-toggle="modal" data-target="#terms" title="Terms">Terms</a>, <a class="weTrack" data-toggle="modal" data-target="#privacy" title="Privacy Policy">Privacy Policy</a>
and <a class="weTrack" data-toggle="modal" data-target="#planDetails" title="Plan Details">Plan Details</a>. I agree that I will not use SeekHD to make decisions about consumer credit, employment, insurance, tenant screening, or any
other purpose that would require FCRA compliance. My total purchase today will be $1.00. My 7-day trial is completely FREE. After 7 days, if I do not cancel, I agree that I will be automatically charged $26.95 monthly
until I cancel. I can cancel my membership at any time after logging in to "My Account" at https://www.seekhd.com/auth/login.</label><small class="help-block" data-bv-validator="notEmpty" data-bv-for="acceptTerms" data-bv-result="NOT_VALIDATED"
style="display: none;">Please check the box to agree to the terms</small></div>
<p class="error alert alert-danger hidden"></p>
<p class="success alert alert-success hidden"></p><button class="btn btn-success btn-block" type="submit" name="purchaseButton">START MY FREE TRIAL <i class="fa fa-angle-double-right"></i></button>
</form>
Text Content
SeekHD (254) 356-4544 - RESULTS ARE READY Name:Get Name ResultsLocation:Get Location Results Report Results Generated on 04/18/2024 REPORT MAY INCLUDE * Contact Info * Current Address * Phone Type * Location * Associates * Carrier YOUR ORDER SUMMARY REPORT FOR (254) 356-4544 $1.00 SEVEN DAY MEMBERSHIP TRIAL* FREE You are saving $2.45 over the full report price -------------------------------------------------------------------------------- TOTAL PAYMENT $1.00 * Cancel anytime. After your 7-day free trial, you will be automatically charged $26.95 per month until you cancel. WE TAKE YOUR SECURITY AND PRIVACY SERIOUSLY Your Purchase is Secure and Private. This website utilizes some of most advanced techniques to protect your information and ensure your transaction is secure. * * * YOUR SATISFACTION IS VERY IMPORTANT TO US 100% Guarantee. If we do not have results for (254) 356-4544 we will gladly issue a refund. You can contact our customer service team by emailing us at support@seekhd.com. We are available 24 hours a day, 7 days a week to answer any questions or concerns that you may have. WHAT OUR CUSTOMERS ARE SAYING I like it, very effective and it gives me a lot of info that I needed to know about myself and the family. Thank you very much. - George H. YOUR ORDER SUMMARY REPORT FOR (254) 356-4544 $1.00 SEVEN DAY MEMBERSHIP TRIAL* FREE You are saving $2.45 over the full report price -------------------------------------------------------------------------------- TOTAL PAYMENT $1.00 * Cancel anytime. After your 7-day free trial, you will be automatically charged $26.95 per month until you cancel. PAYMENT INFORMATION Your Email AddressPlease enter a valid email addressPlease enter a valid email address Cardholder NamePlease enter the full cardholder nameName should not contain more than 5 consecutive digitsThe full name must be between 4 and 100 characters Card Number Secure Please enter a valid card numberPlease enter a valid card number Card Expiration Date Choose Month01 - January02 - February03 - March04 - April05 - May06 - June07 - July08 - August09 - September10 - October11 - November12 - December Choose Year202420252026202720282029203020312032203320342035203620372038203920402041204220432044 Please select the correct card expiration month and yearPlease select the correct card expiration month and year CVV Code Please enter the correct CVVPlease enter the correct CVVPlease enter a value with valid length What's this I agree to the SeekHD Terms, Privacy Policy and Plan Details. I agree that I will not use SeekHD to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose that would require FCRA compliance. My total purchase today will be $1.00. My 7-day trial is completely FREE. After 7 days, if I do not cancel, I agree that I will be automatically charged $26.95 monthly until I cancel. I can cancel my membership at any time after logging in to "My Account" at https://www.seekhd.com/auth/login.Please check the box to agree to the terms START MY FREE TRIAL WHAT OUR CUSTOMERS ARE SAYING I like it, very effective and it gives me a lot of info that I needed to know about myself and the family. Thank you very much. - George H. Disclaimer: Please note that SeekHD.com is not a consumer reporting agency (CRA). You may not use our services for any impermissible purpose under the Fair Credit Reporting Act (FCRA). The information found on our website can not be used to make any decisions regarding consumer credit, employment, insurance, tenant screening or any other purposes that would require FCRA compliance. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. ×Close SEEKHD PRIVACY POLICY PRIVACY POLICY EFFECTIVE DATE: MAY 20, 2020 At LPS LLC ("SeekHD", "us", "our" or "we"), we recognize the importance of privacy to users of our website at www.seekhd.com ("Site") and the functionality, features, and services we provide through the Site ("Services"). This privacy policy ("Privacy Policy") explains what type of information may be collected from you or that you may provide when you access the Services and how that information may be used. This Privacy Policy is incorporated into and subject to our Terms of Use. Capitalized terms used in this Privacy Policy but not defined herein, shall have the meanings set forth in the Terms of Use. Please read this Privacy Policy carefully to understand our policies and practices regarding the information collected from you or that you may provide when you access the Services and how we will treat it. The EU is not covered by the Services. If you do not agree with our policies and practices, please do not use the Services. By accessing or using the Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see Section 9 below). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates. If you are a natural resident of California ("California Consumer"), the California Consumer Privacy Act of 2018 (the "CCPA") applies to you and you may be able to exercise certain additional rights described in California Consumers' Privacy Rights Notice in Section 5 below, subject to certain limitations at law. 1. INFORMATION WE COLLECT AND HOW WE COLLECT IT We collect several types of information from and about users of the Services, including: * information by which you may be personally identified, such as username, email address, location information, and any other identifier by which you may be contacted online or offline (collectively, "personally identifying information"); * information that is about you but individually does not identify you; and * information about your internet connection, the device you use to access the Services, and usage details We collect information: * directly from you when you provide it to us; * indirectly from you, when you access and navigate the Services; * from third parties; 1. Information Provided Directly by You * You will be asked to provide identifiers, such as your name, username, email address, and phone number, when you register for an account on the Services. Please note that by registering for an account and providing us this information, you are expressly consenting to our communicating with you about the Services using the information you provided to us. You also attest that you have the legal authority over any phone number you provide to us. You hereby authorize us to contact you in person or by recorded message, by e-mail, text (SMS) message, or any other means of communication, including by use of automated dialing equipment, that your wireless or other telecommunications device may be capable of receiving. * We collect information such as your name, billing address, and credit card number, including expiration date and security code (collectively, "Billing Information") when you are registering for an account on the Services and/or purchasing certain Services. Our third party payment processor processes Billing Information on our behalf to verify and complete a purchase transaction. If you are purchasing a Subscription, we store limited Billing Information (i.e., encrypted card information and expiration date). * We collect information about the reports and other Services you have purchased on our Site. * When you use the search functionality on our Services, you may enter third party personal information such as their name, address, phone number, or email. We only use the data you input to provide you with a search request. We retain the results of your search requests, connected to your account, for a period of time at our discretion but do not use that information for any other purpose and have no obligation to maintain such search results. * We collect any suggestions, ideas, feedback, or recommendations you provide to us regarding our Services (collectively, "Feedback") and use the Feedback as described in our Terms of Use. You are advised not to provide personally identifying information within your Feedback. If you do disclose personally identifying information within your Feedback, you may request that we remove such personally identifying information from the Feedback. * You may be asked to provide personally identifying information in other limited circumstances specified at the time the information is gathered. 2. Information Collected Indirectly from You * General. As you access and navigate the Services we may use automatic data collection technologies to collect information about your device and actions on the Services. This information allows SeekHD to improve the Services and make them more useful to our users. This information may contain some or all of the following information: * Services. * The date of use. * The time of use. * The path taken as you navigate through the Services. * The operating system, device type, and browser being used. * A list of files downloaded or viewed. * The amount of time spent viewing Services. * Any errors encountered. * Cookies and Other Technologies. We may also use 'cookies' to collect information. A cookie is a string of characters that can be written to a file on the user's device when a user accesses the Services. When accessing the Site, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. We use cookies to track users' activity through the Services so that we may improve the Services, to provide certain features, and to recall specific information to save the user time during subsequent use of the Services. For example, cookies allow us to remember your shopping cart, record session information, and keep track of click stream data. Interactive features may also use cookies. We and our third party service providers may also use cookies to measure and analyze the use of the Services and monitor the operation of our Services. This information allows us to understand trends and improve the general user experience of our Services. We and our third party service providers may also use web beacons, alone or in conjunction with cookies, to measure and analyze use of the Services. A web beacon is an electronic image, also known as a single-pixel (1x1) or clear .gif, which can be used to recognize certain information on your device, such as cookies, the time and date of your actions within the Services, and a description of what Services are accessed. 3. Information We Collect From Third Parties. We may acquire information about you from third parties. We may collect the following from third parties: * Identifiers such as your name, alias, postal address, telephone number, unique personal identifier, online identifier, email address, or other similar identifiers. * Characteristics of protected classifications under California or federal law. 2. HOW WE USE INFORMATION 1. How We Use Information Collected Directly and Indirectly From You * We may use information that you provide us or that we collect indirectly from you, including personally-identifying information: * to present, manage or administer the Services; * optimize or customize the delivery of search results to you and other users of the Services; * to provide you with information or process your orders or transactions; * to contact you regarding the Services and respond to your messages; * for our internal business purposes; * to carry out our obligations and enforce our rights arising from any contracts entered into between you and us; * to notify you about changes to our Services or any products or services we offer or provide through the Services; * to notify you, at our discretion, about any changes to our policies, practices, or contracts; * for any purpose for which you provide it or consent to; * for other purposes specified at the time the information is gathered; and/or * as otherwise set forth in this Privacy Policy. If you do not want the information described above to be collected or used for any of these purposes, please do not provide it and do not access or use the Site or Services. * We may also use information that you provide us or that we collect indirectly from you, including personally-identifying information, to send you promotional emails regarding special offers about our Services or about new features, products or services. You may choose not to receive our promotional communications by clicking the unsubscribe link in the footer of any promotional email. You may also terminate your account as specified in our Terms of Use. Please note that even if you opt out of receiving promotional e-mails, we may continue to send you notifications regarding your account or your orders, transactions, and use of the Services, without offering you the opportunity to opt out of receiving them and your only option in such case would be for you to terminate your account and discontinue any access or use of the Site or Services. * We use Google Analytics to collect information about your use of the Services. We use this information to maintain and improve the Services. You can opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout. 2. How We Use Information Collected From Third Parties. We use information collected from third parties to provide our Services to users in general. Please note that we do not verify the accuracy, completeness, currentness, usefulness, reliability, or legality of any such information. To request that your personally-identifying information from third parties be removed from our Site, please click on Do Not Sell My Info. This process is only intended to remove listings available to other users on the Site. 3. HOW WE DISCLOSE YOUR INFORMATION * SeekHD discloses the information we collect from you or about you as described in this Privacy Policy as follows: * to our affiliates and third party service providers who work on our behalf and use your information only to provide services to us, including, but not limited to: credit card processing companies to process your payments related to your orders and transactions on the Service and to verify that your credit card account is valid and active; partners who may market our products to you on our behalf and provide analysis of such marketing efforts; * to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Services is among the assets transferred; * if required to do so by law or if we believe that such action is necessary to comply with the law or with legal process including any government or regulatory request; * if we believe disclosure is necessary to protect against misuse or unauthorized use of the Services or to protect the personal safety or property of users of the Services, the public or us and our employees; * for any purpose disclosed by us when you provide the information; and * for any purpose disclosed by us when you provide the information with your consent. If you do not want the information described above to be used or disclosed for any of these purposes, please do not provide it and do not access or use the Site or Services. 4. HOW LONG WE RETAIN YOUR INFORMATION 1. Information Collected Directly and Indirectly From You * SeekHD will only keep any personal information collected directly or indirectly from you long enough to facilitate the operating purpose for which we collected it, and to comply with any legal or contractual obligation. We will then either anonymize this information to prevent it from being directly or indirectly used to identify you or securely dispose of this information in its entirety. 2. Information We Collect From Third Parties * We will only retain information collected from third parties long enough to deliver the Services. 5. CALIFORNIA CONSUMERS' PRIVACY RIGHTS NOTICE This California Consumers' Privacy Rights Notice contained in this Section ("California Consumers Notice") supplements the information contained in our Privacy Policy if you are a California Consumer. This California Consumers Notices describes how we collect, use, disclose, and otherwise process personal information of California Consumers, either online or offline, within the scope of the CCPA. "Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer or household. Personal information, however, does not include: * deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to a California Consumer; * information excluded from the CCPA's scope, such as: * Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; * Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994; or * Information relating to our job applicants, employees, contractors and other SeekHD personnel. California Consumers Privacy Rights The Right to Know You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity: * The specific pieces of personal information we have collected about you; * The categories of personal information we have collected about you; * The categories of sources of the personal information; * The categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; * The categories of personal information we have sold about you (if any), and the categories of third parties to whom the information was sold; and * The business or commercial purposes for collecting or, if applicable, selling the personal information. The Right to Request DeletionYou have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.The Right to Opt Out of Personal Information SalesYou have the right to direct us not to sell personal information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.The Right to Non-Discrimination You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our services or engage with you in the same manner. "Shine the Light"California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California's "Shine the Light" law (Civ. Code §1798.83). 1. Information We Have Collected During the Past Twelve Months. During the past twelve (12) months, we have collected the following information: * Personal information we collected directly from you, how it is shared and for what purpose: * In the past 12 months, we have collected and shared personal information from visitors when they interact with the Services, as described in detail above in Section 1 entitled, "A. Information Provided Directly by You". * As is described in detail in above in Section 2, entitled "A. How We Use Information Collected Directly and Indirectly From You", we use personal information collected directly from visitors for a variety of purposes to operate, assess activity on, and improve the performance of the Services to users. * We do not sell personal information collected directly from you to any third parties and have not done so in the last 12 months. * Personal information we collected indirectly from you, how it is shared and for what purpose: * In the past 12 months, we have collected and shared personal information from visitors when they interact with the Services, as described in detail above in Section 1 entitled, "B. Information Collected Indirectly from You". * As is described in detail in above in Section 2, entitled "A. How We Use Information Collected Directly and Indirectly From You", we use personal information collected indirectly from visitors for a variety of purposes to operate, assess activity on, and improve the performance of the Services to users. * We do not sell personal information collected indirectly from you to any third parties and have not done so in the last 12 months. * Personal information we received from third parties, how it is shared and for what purpose: * In the past 12 months, we have received personal information from third parties and shared that information in connection with the Services, as described in detail above in Section 1 entitled, "C. Information We Collect From Third Parties" * As is described in detail in above in Section 2, entitled "B. How We Use Information Collected From Third Parties", we use personal information received from third parties to deliver the Services. * We may sell personal information received from third parties about you in connection with providing the Services. If you wish to opt out of this sale of your personal information, please follow the instructions below in the Section entitled, "To Exercise Your Right to Opt-Out of Personal Information Sales." 2. To Exercise Your Right to Know or Right to Deletion. To exercise your Right to Know and/or your Right to Deletion, please submit a verifiable consumer request by going here. We will need to verify your identity before processing your request. In order to verify your identity, we will require you to log into your existing account utilizing the email address and password you used to create the account when you first became a paying customer. Although we try to limit the personal information collected in connection with a request to exercise the right to know and/or the right to deletion to that personal information identified on the California Resident Rights Request Form, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity. We will respond to verifiable requests for disclosure or deletion of personal information free of charge, within 10 days of receipt. 3. To Exercise Your Right to Opt-Out of Personal Information Sales. We do not sell personal information obtained from you. However, you have the right to opt-out of the sale of personal information we receive from third parties. To make an opt-out request related to third party information, please click Do Not Sell My Personal Information. While we will not sell such information that has been opted-out, we reserve the right to disclose Information to third parties, without notice to You, if required to do so by law, or if we have a good faith belief that disclosure is necessary to: (a) comply with legal process served on SeekHD; (b) protect and defend our rights or property; or (c) act in an emergency to protect any person's safety. We also reserve the right to transfer information to any successor in interest to our business. 4. Minors Under Age 16. We do not knowingly "sell" the personal information of minors under 16 years of age without legally-required affirmative authorization. 5. The Right to Non-Discrimination. SeekHD will not discriminate against you for exercising your CCPA rights or any other rights under this Section. 6. California's "Shine the Light" Law. In addition to the rights described above, California's "Shine the Light" law (Civil Code Section §1798.83) permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. SeekHD does not provide your personal information to third parties for their direct marketing purposes. 6. SECURITY. SeekHD has implemented measures designed to secure your personally-identifying information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, no Internet, e-mail or mobile transmission is ever fully secure or error free and we cannot guarantee that any information will be or remain safe or secure. Because most e-mail and mobile transmissions are not encrypted, you should take special care in deciding what information you send to us via e-mail, SMS or text message, or other mobile transmission. Any transmission of personally-identifying information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services. 7. CHILDREN. If you are under 13 years of age, please do not access the Site or Services. The Services are not intended for children under 13, and we will not knowingly collect any information from any children under the age of 13. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will promptly remove that information from our systems. If you believe we might have any information from or about a child under 13, please contact us at contactus@seekhd.com with the subject line "Attention Legal". 8. DO NOT TRACK. The Services do not respond to do not track signals. 9. CHANGES TO THE PRIVACY POLICY. We reserve the right to change this Privacy Policy. Any changes to this Privacy Policy will be posted to this page, and you will be provided with appropriate online notice of any significant changes. Please check this page periodically. Use of the Services constitutes consent to any policy then in effect. Please make sure that you read the our Terms of Use to understand additional terms and conditions which apply to the use of the Services. 10. LINKS TO OTHER SITES. The Services may contain links to other sites, services and resources maintained by third parties (collectively, "Third Party Services") that may not follow the same privacy and data security practices as SeekHD. These Third Party Services are subject to their own privacy policies and terms and conditions and may use cookies, collect data, and use the data in ways that we would not. SeekHD is not responsible for the privacy and data security practices or any information or materials on Third Party Services. Please review the Third Party Services' policies and terms and conditions for more information on how they use your information. 11. INTERNATIONAL USER NOTICE. The Site and Services are operated in the United States. For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. By accessing or using the Services you agree to have your information transferred to, and used in, the United States as set forth in this Privacy Policy. If you access or use the Services from any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which is governed by U.S. law, this Privacy Policy and the Terms of Use, you are transferring your personally-identifying information to the United States and you consent to that transfer, use, and disclosure. 12. CONTACT US. If you have any questions or comments concerning our Privacy Policy, please contact us at contactus@seekhd.com. Close ×Close SEEKHD TERMS TERMS OF USE EFFECTIVE: MAY 20, 2020 This Terms of Use (this "Agreement" or "Terms") is a legally binding agreement between you and LPS LLC ("SeekHD", "us", "our" or "we") which owns and operates the website www.seekhd.com ("Site"). This Agreement governs your use of the Site, the functionality, features, and services we provide through the Site ("Services"), including the information, reports, and any other content offered on, through, or obtained from the use of, the Services (collectively, "Content", which term includes Public Information as defined in Section 3.1 below and the results of any searches you conduct on the Services). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. The Services are offered and available to users who are 18 years of age or older and who possess the legal right and ability to enter into this Agreement. Additionally the European Union is not covered by the Services or these Terms. You understand and agree that you will not use the Services if you are located in the European Economic Area or any other country that has adopted and implemented the EU General Data Protection Regulation (GDPR). By using the Services, you represent and warrant that you meet the foregoing eligibility requirements. Each time that you access or use the Services, you signify that you have read, understand, and agree to be bound by this Agreement, including our Privacy Policy, incorporated herein by reference. If you do not meet the foregoing requirements, or you do not agree to all of the terms and conditions in this Agreement, do not access or use the Services. THIS AGREEMENT INCLUDES AN AGREEMENT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (SECTION 18.1), A CLASS ACTION WAIVER (SECTION 18.3), A WAIVER OF JURY TRIALS (SECTION 18.4), AND LIMITS THE AMOUNT OF TIME YOU HAVE TO FILE A CLAIM (SECTION 16). 1. Your Account 1. Registration. To use the Services or some of the Content offered by SeekHD, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 2. Account Security. If you choose, or are provided with, a user name, password, or any other information as part of our security procedures, you must treat such information as confidential. You may not permit any other person or entity to use your account. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. You agree to notify us immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as we reasonably request). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by SeekHD or another party due to someone else using your account or password. 3. Communication. By accessing or using the Services, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number ("Your Contact Information"), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using Your Contact Information. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. 4. Personal Use Only. The Services and Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed, except as follows: (a) you may temporarily store copies of such materials in RAM on your computer or device incidental to your accessing and viewing such materials; and (b) you may store files that are automatically cached by your Web browser for display enhancement purposes. You agree that you will not: (i) alter or modify any portion of the Services or Content, (ii) provide any Content, including any data or information obtained from any search conducted using the Services, to any third party, or (iii) delete or alter any copyright, trademark, or other proprietary rights notices from the Services or Content, or from any copies made thereof. You understand that you have no rights to the Services or Content except as set forth in this Section. 5. Accessing the Services; US Jurisdiction. You are responsible for: (i) making all arrangements necessary for you to access the Services; and (ii) ensuring that all persons who access the Services through your internet connection are aware of, and comply with, this Agreement. The Services are controlled from facilities in the United States. We make no representations that the Services or Content are appropriate or available for use in other locations. If you access or use the Services or Content from other jurisdictions, you do so at your own risk and are responsible for compliance with local law. 6. Fair Credit Reporting Act. Your use of these Services must at all times be lawful and not for the purpose of determining consumer eligibility or for any purpose covered by the Fair Credit Reporting Act. 7. Trial Access. If you have registered for access to the Services under a special introductory trial offer (for example, a discounted or free initial trial) ("Trial"), you hereby acknowledge that unless you cancel before the expiration of your Trial the applicable fee for the Subscription term selected at during registration for the Trial will be posted to your Payment Method as soon as the Trial period is completed. In order to receive any refund for a charge made after you have cancelled you must provide proof of cancellation. Such proof will be limited to the automated confirmation email from SeekHD showing the date and time of said cancellation. When you cancel your Subscription while on a Trial you will immediately cease to have access to your Subscription. You understand and agree that there is one (1) introductory Trial permitted per member/computer/email address. You further agree that if and when you choose to re-activate and continue your Subscription, your account will automatically re-activate at the then-current monthly fee for the selected Subscription. 2. Prohibited Uses. You may use the Services and Content only for lawful purposes and in accordance with this Agreement. Without limiting the foregoing, you represent, warrant and covenant that you shall comply with the restrictions set forth below. We reserve the right to investigate and bring claims for violation this Agreement, including the restrictions set forth below, to the fullest extent of the law. 1. No Bots. You shall not, and shall not permit any third party to, scrape, or use technological means for automated collection, of our Content. If we determine that you are using use technological means (e.g., robot or spider) to retrieve, distribute or index any portion of our Content, or more than one individual is using your account at any one time, your account may be investigated and your access to the Services or your account suspended or otherwise blocked, without notification. If you feel your Account or your access to the Services has been suspended or blocked in error please contact us at contactus@seekhd.com. 2. No Marketing or Resale. You shall not, and shall not permit any third party to, (a) use the Services or Content for any marketing purposes, including making telemarketing calls and transmitting unsolicited advertisements via paper mail, fax or email; (b) use the Services or Content to prepare any database (or compare one database to another) to append, verify or create a new database; or (c) publish, sell, or rent the Services or any Content. 3. Other Prohibited Uses. You shall not: 1. use the Services or any Content other than in compliance with all applicable federal, state, and local laws and regulations; 2. use the Services or Content in combination with any purpose, or personal information, covered under the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, or the Children’s Online Privacy Protection Act; 3. use any Content to stalk or otherwise contact in any unlawful manner any person, or in any manner to cause emotional or physical harm to, threaten, defame, libel, or otherwise harass any person; 4. use the Services for the furtherance of any criminal activity, including fraud and identity theft, or in the violation of any person’s privacy rights; 5. use the Services to seek information about or locate any person under the age of 18; 6. use the Services to obtain personal information pertaining to famous people, government officials, or election candidates; 7. use the Services to post, publish, or transmit any text, graphics or material that: (i) is false or misleading; (ii) is obscene, pornographic, or offensive; (iii) promotes bigotry, racism, or hatred against any individual or group; (iv) infringes another’s rights, including intellectual property rights; or (iv) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability; 8. 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 federal or state law; 9. use the Services to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; 10. use the Services or Content in connection with credit repair or credit counseling services; 11. frame or utilize framing techniques to enclose any Content on or generated by the Services; or 12. use any meta tags or any other "hidden text" utilizing any Content. 3. Reliance on Services or Content Disclaimers. As a condition of your use of the Services, you agree that you are solely responsible for determining which laws apply to the purpose of your use of the Services (including your searches) and Content (including the search results). You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services and Content. Without limiting the foregoing, SeekHD hereby specifically notifies you of the following:- 1. Public Information. The Services provide a database of public records and publicly available sources of information and data ("Public Information") aggregated for your convenience. This Public Information may be made available to you through the Services and is provided for informational purposes only. We do not verify Public Information or any other Content. While we are constantly updating and refining the Services, we do not warrant or guarantee that any search results provided will be accurate and up to date and, consequently, SeekHD shall not be responsible or liable for the accuracy, completeness, currentness, usefulness, reliability, or legality of any Public Information or the availability or unavailability of the Services or Content. We do not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. You agree that any reliance on the Public Information, SEARCH RESULTS and any other Content, available through the Services is solely at your own risk. 2. Fair Credit Reporting Act. WE ARE NOT A CONSUMER REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT, 15 U.S.C. SEC. 1681 ET SEQ. ("FCRA"). None of the information provided through the Services and Content, in whole or in part, is for the purpose of furnishing "consumer reports," as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, this Agreement. You may not use any information obtained from the Services and Content in connection with determining a prospective candidate’s suitability for: * Health insurance or any other insurance, * Credit and/or loans, * Employment (including but not limited to, household workers such as nannies), * Education, scholarships or fellowships, * Housing or other accommodations, * Benefits, privileges or services provided by any business establishment, or * for any other purpose covered by the FCRA, by the Federal Trade Commission’s interpretations of the FCRA, and/or by similar state statutes. 3. No Support or Maintenance. You acknowledge and agree that Site will have no obligation to provide you with any support or maintenance in connection with the Website and/or the Services. 4. Fees 1. Single Report Fees. You may purchase a single report related to your search by paying a one-time fee for such report specified on the Site ("Single Report Fee"). If you are not satisfied with your purchase, please contact us within 30 (thirty) days from the original date of purchase to discuss your concerns. If we cannot solve your concerns, we may provide you with another search, at no additional cost to you. We will not refund your purchase. 2. Subscription Fees. If you sign up for our monthly or other subscription term we offer and you select ("Subscription"), you agree to pay us the then-current applicable fee for your Subscription ("Subscription Fee"). If you select the monthly Subscription, a one month term is agreed by you to be a 30-day period. You agree to pay SeekHD all charges at the prices then in effect for your use of the Subscription using the billing information you provide (your "Billing Account"), and any applicable taxes, and you authorize SeekHD to charge your chosen Payment Method for the Subscription. You agree to make payment using that selected Payment Method. 3. Premium Profile Limitations. Our Subscriptions offer "Unlimited Searches" with respect to basic profile searches; however, each Subscription plan comes with a specific premium profile access quota. Please see the plan details link when you purchase a Subscription for more details on how many premium profiles you have access to under your Subscription. We do not allow scraping of our data or excessive collection of our data for any purpose. 4. Payment. You agree to pay us the Single Report Fee, Subscription Fee, and other charges, as applicable, then in effect using the billing information you have provided for your account, and any applicable taxes, and you authorize us to charge, and you agree to pay us using, your chosen payment method ("Payment Method"). If we do not receive payment using your Payment Method, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-attempt to bill such rejected payment to your Payment Method provider. SeekHD reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third party sources. You must promptly notify us if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made by logging into your account on the Site. If you fail to provide us the foregoing information, you agree that we may continue charging you for any use of the Services using the billing information you have provided for your account, unless you have cancelled your Subscription or your account. You agree to pay any attorney fees, court costs, or other costs incurred by us in collection of delinquent amounts. If you feel your Subscription has been turned off in error, or if you would like to discuss upgrading your Subscription to increase the number of reports you may run per day, please contact our customer service team at contactus@seekhd.com. All prices are in U.S. dollars. 5. Cancellation. You may cancel your Subscription at any point during your current Subscription term to avoid being billed fees for subsequent Subscription terms by logging into your account, going to the My Account section, choosing your subscription type, engaging the change plan hyperlink and following the prompts. Subject to payment of all current fees due and payable, when you cancel your Subscription, provided you were not on a Trial (of which any such terminate shall immediately terminate your access to the Services), you will still be able to have access to your Subscription until the end of the then current Subscription period. 6. Proprietary Rights; Feedback. The features and functionality contained on the Services and Content are the property of SeekHD, its licensors, or others and are protected by applicable U.S. copyright, patent and trademark laws and international conventions. You understand and agree that all rights and licenses not expressly granted to you in this Agreement are reserved by SeekHD. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Services or Content (collectively, "Feedback") then we may use such Feedback for any purpose, provided we will not associate such Feedback with you. So that we may incorporate Feedback into our products and services, you hereby grant us and our affiliates a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for any purpose and you hereby irrevocably and unconditionally grant such Feedback and all such rights to us free of charge and on a non-confidential basis. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback. 7. Links on the Services Disclaimer. If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH WEBSITES. 8. Termination. This Agreement will remain effective until terminated by either party. You may terminate this Agreement at any time by destroying all Content obtained from the Services and all copies made thereof, whether made under this Agreement or otherwise. This Agreement may be terminated by SeekHD immediately and without notice if you violate any of the terms and conditions of this Agreement. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you must cease all use of the Services and destroy all Content obtained from the Services and all copies made thereof. Notwithstanding any termination of this Agreement, all of the restrictions, conditions, disclaimers (including Section 3, 7 and 10), limitations of liability, indemnification, and dispute resolution) shall continue to apply to any search results or Content obtained by you prior to such termination. In addition, the following Sections will survive any termination of this Agreement: 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19. 9. Changes. 1. Changes to Agreement. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. All changes to this Agreement are effective immediately when we post them. Changes to this Agreement will be posted to this page. Your continued use of the Services following the posting of changes to this Agreement will mean you accept and agree to those changes. Please check this Agreement regularly for changes so you are aware of any changes, as they are binding on you. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in our Services or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination. If you do not agree with any of the updated Terms you must stop using the Services. 2. Changes to Services and Content. We reserve the right to withdraw or amend the Services or any Content, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. 10. Disclaimer of Warranties 1. You understand and agree that SeekHD, and its licensors, and suppliers, make no representations or warranties, either express, implied, statutory, or otherwise, as to the validity of any data or information obtained from any search conducted using the Services. While we have made efforts to supply you with current and valid data or information, there can be no guarantee as to any specific piece of data or information obtained by users of our Services. Our Services search and gather compilations of public records. We do not make any representations that any Public Information, including any search result, is accurate, complete, current, reliable, useful, or as to its legality. In addition, searches may be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. In providing the Services, you acknowledge and agree that we are not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent and licensed professional should be sought. 2. You understand and agree that SeekHD makes no representations or warranties, either express, implied, statutory, or otherwise, that reports or other Content available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, SERVICES OR ANY CONTENT, OR OF ANY WEBSITE LINK ON THE SERVICES. 3. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS. 4. YOUR USE OF ANY SEARCH RESULTS OR ANY OTHER CONTENT, THE SITE, SERVICES, OR OF ANY WEBSITE LINK ON THE SERVICES, IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT ANY SEARCH RESULTS AND ANY OTHER CONTENT, THE SITE, SERVICES, AND ANY WEBSITE LINK ON THE SERVICES, ARE PROVIDED "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. 5. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, AND THOSE ARISING FROM A COURSE OF TRADE. 6. YOU UNDERSTAND AND AGREE THAT SEEKHD MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE, (B) THE SERVICES, SEARCH RESULTS OR ANY OTHER CONTENT WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR (C) THE SEARCH RESULTS OR ANY OTHER CONTENT, THE SITE, SERVICES, OR ANY WEBSITE LINK ON THE SERVICES, OR ANY USE OF THE FOREGOING, WILL MEET YOUR NEEDS OR EXPECTATIONS. 11. Exclusive Remedy. IF FOR ANY REASON YOU ARE DISSATISFIED WITH THE SEARCH RESULTS OR ANY OTHER CONTENT, THE SITE, OR SERVICES, OR ANY WEBSITE LINK ON THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SEARCH RESULTS AND THE OTHER CONTENT, THE SITE, AND SERVICES, AND CANCEL YOUR SUBSCRIPTION AND ACCOUNT SUBJECT TO THE CANCELLATION TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. 12. Limitation of Liability 1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR LOSS OF PROFITS, SALES, BUSINESS OPPORTUNITIES, REVENUES, GOODWILL, REPUTATION, DATA USE, OR DATA, EVEN IF WE OR OUR LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE, SERVICES, SEARCH RESULTS OR ANY OTHER CONTENT, OR ANY WEBSITE LINKED ON THE SERVICES, OR YOUR USE OF ANY OF THE FOREGOING. 2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE CUMULATIVE LIABILITY OF SEEKHD FOR ANY AND ALL DAMAGES SUFFERED BY YOU OR ANYONE ELSE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE, SERVICES, SEARCH RESULTS OR ANY OTHER CONTENT, OR ANY WEBSITE LINKED ON THE SERVICES, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON A BREACH OF CONTRACT OR WARRANTY, OR NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNT OF FEES YOU PAID US FOR THE APPLICABLE SERVICE GIVING RISE TO THE LIABILITY OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS LESS. 3. UNDER NO CIRCUMSTANCES SHALL SEEKHD BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. 13. Basis of Bargain. The warranty disclaimer and limitation of liability set forth above in Section 10 and 12 are fundamental elements of the basis of the agreement between SeekHD and you. SeekHD would not be able to provide the Services on an economic basis without such limitations. The warranty limitation shall inure to the benefit of SeekHD licensors and suppliers. 14. Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 10 and 12 above may not apply to you. 15. Indemnification. You agree to defend, indemnify, and hold harmless SeekHD, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any content, functionality, features, or materials used or obtained through the Services or on any website linked to it, other than as expressly authorized in these Terms, or your use of any information obtained from the Services. 16. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE, SERVICES, SEARCH RESULTS OR ANY OTHER CONTENT, OR ANY WEBSITE LINKED ON THE SERVICES, OR YOUR USE OF ANY OF THE FOREGOING, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to: (a) any principles of conflicts of law or (b) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction in the United States. 18. Dispute Resolution 1. Except as otherwise specified below, you and SeekHD agree to arbitrate any and all disputes in any way arising out of or relating to this Agreement or the Site, Services, search results or any other Content, or any website linked on the Services, or your use of any of the foregoing, by final and binding arbitration as set forth below. The arbitration will be heard at JAMS offices in Philadelphia, Pennsylvania in accordance with JAMS' Streamlined Arbitration Rules and Procedures in effect at the time of the arbitration. All proceedings will be held and a transcribed record prepared in English. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be as indicated above. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing nothing in this Agreement will be deemed to prevent us from seeking injunctive relief (or any other provisional remedy) from any court of competent jurisdiction as necessary to protect our rights pursuant to this Agreement or our proprietary rights, including intellectual property rights. The prevailing party in any suit will recover its reasonable attorney's fees and costs, including expert costs, from the other party. The parties agree to keep all aspects of the arbitration proceeding, including the award of the arbitrator and compliance therewith, confidential unless otherwise required by applicable law. 2. Opting-Out of Arbitration. YOU MAY OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING SEEKHD WRITTEN NOTICE WITHIN THIRTY (30) DAYS OF FIRST ACCEPTING THESE TERMS. YOUR NOTICE MUST INCLUDE: (I) YOUR FULL NAME (FIRST AND LAST); (II) THE EMAIL ADDRESS YOU USED TO REGISTER YOUR ACCOUNT; AND (III) A CLEAR STATEMENT THAT YOU DECLINE THIS AGREEMENT TO ARBITRATE. EMAIL YOUR OPT-OUT NOTICE VIA EMAIL TO: EMAIL ADDRESS: contactus@seekhd.com WITH THE SUBJECT LINE: "Attn: Legal" 3. You waive all rights to bring a class action against SeekHD, or to serve as a representative of a class in a class action against us, whether in arbitration or in court. 4. You waive all rights to a jury trial. 5. In the event of any dispute concerning the construction or meaning of this Agreement, reference will be made only to this Agreement as written in English and not to any translation into another language. 19. Electronic Communications. The communications between you and SeekHD use electronic means, whether you use the Site or send us emails, or whether SeekHD posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SeekHD in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SeekHD provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. 20. Miscellaneous. This Agreement constitutes the entire agreement between you and SeekHD regarding your use of our Site, Services, and Content, and supersedes and replaces any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. If any provision in this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in this Agreement, the word "including" means "including but not limited to." Section headings used herein are for convenience only and shall not be given any legal import. You agree that this Agreement will not be construed against SeekHD by virtue of having drafted them. Neither the rights nor obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign this Agreement without restriction. 21. Contact Information. If you have any questions about this Agreement, please contact us by e-mail at contactus@seekhd.com marking the message "Attention: Terms of Use." 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