You accept these Terms by accessing or using phonescan.org in any manner, even if You do not create an Account with phonescan.org. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using phonescan.org on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.
PhoneScan may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at phonescan.org/terms. By continuing to access or use phonescan.org, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE phonescan.org
References to “PhoneScan,” “You,” “we,” and “us” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by PhoneScan.
PhoneScan may provide You with the opportunity to try out a specific product or a PhoneScan Membership Plan on a free, trial basis. The terms of any such trial shall be fully disclosed prior to purchase. You are responsible for reviewing such terms prior to accepting any trial. The length of a trial may vary and You agree that if Your trial remains uncancelled (by You) after expiration, then the trial shall convert to an ongoing subscription in accordance with the terms of that particular trial offer. If you wish to cancel your trial before it converts to an ongoing subscription, then you may do so online, on the Account page or by contacting our support by emailing [email protected]phonescan.org. All cancellations of any trial product or Membership Plan must be received prior to 11:59 PM PST on the last day of the trial in order to avoid conversion to an ongoing subscription (and associated charges).
Premium Content Services (including PhoneScan Membership Plans).
a) Some of PhoneScan’s data and tools are only available to purchasers of premium content. PhoneScan offers a variety of content purchase options, PhoneScan Membership Plans. Details about the specific premium content offering and payment terms are provided at sign up. By purchasing a PhoneScan Membership Plan, You agree to receive the services offered at sign up, subject to the billing terms provided at sign up.
b) All sales of all PhoneScan premium content are final. All PhoneScan Membership Plans are prepaid for the stated payment period (monthly, quarterly, semi-annually, and annually) and are non-refundable.
c) You may cancel Your PhoneScan Membership Plan at any time after the first day of signing up and for any reason. To cancel Your PhoneScan Membership Plan, select Cancel Subscription within Your phonescan.org Account Page. Once Your PhoneScan Membership Plan has been canceled, You will receive a cancellation confirmation from PhoneScan, and You will not be billed again. When You cancel Your Plan, any processed payment will not be refunded or prorated for partial-month usage. You will continue to enjoy all premium content and benefits until the end of the current payment period. If You encounter any problem during the cancellation process, please contact Support.
d) Unless otherwise indicated in Your Plan details, PhoneScan will automatically renew Your Membership Plan at the same payment period and term, and charge Your credit card at the beginning of each payment period. Your PhoneScan Membership Plan will remain open and active until Your account is canceled, suspended, or terminated.
a) To purchase a PhoneScan Membership or to take advantage of a free trial, You must enter valid payment information such as credit card. By providing such payment information, You certify that You are an authorized user of the credit card or payment account.
b) PhoneScan does not store or process Your full credit card information. Instead, PhoneScan employs independent and reputable third-party payment processors, to store and process this information.
1. Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account with phonescan.org (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
b) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
c) If You believe that a third-party has gained access to Your Account, You agree to notify PhoneScan by sending an email to [email protected]phonescan.org. PhoneScan reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated PhoneScan has no obligation to retain any data associated with Your Account.
d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
e) To cancel Your Account at any time for any reason, You may do so through the Account Modification page at https://dashboard.phonescan.org/user.
2. License to Use phonescan.org
a) PhoneScan grants You a personal, non-exclusive, non-transferable, limited and revocable license to use phonescan.org subject to the Terms. You may use phonescan.org and information acquired from phonescan.org for either personal or commercial purposes, provided that such commercial use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and at all times personal or commercial usage must be for lawful purposes. You may not use phonescan.org in a manner that exceeds the rights granted for Your use. Certain content provided on phonescan.org may be sourced from other third party sites and if noted, is subject to the Creative Commons Attribution-ShareALike License. Your use of any such content must also comply with those license terms.
b) Other than connecting to phonescan.org by http request using a web browser, You may not attempt to access PhoneScan’s servers or phonescan.org by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the PhoneScan’s servers or phonescan.org. You may not use phonescan.org to compile data or images for use by any commercial entity.
c) You agree not to disrupt, modify or interfere with phonescan.org, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of phonescan.org. You further agree not to alter or tamper with any information or materials on or associated with phonescan.org.
d) You may not use phonescan.org or any information acquired from phonescan.org:
i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access phonescan.org;
ii) to send any commercial email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable state law;
iii) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);
iv) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.
a) PhoneScan may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
4. Information Available Through phonescan.org
a) PhoneScan aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to users through the phonescan.org people search.
b) PhoneScan does not verify this Public Information. PhoneScan does not evaluate each piece of information provided and makes no guarantees to PhoneScan users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of phonescan.org, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through phonescan.org at Your own risk.
8. Communications from PhoneScan
a) Once you create an account on our site or become a subscriber, you may, from time to time, receive e-mail communications from us about your account or features of our service. You may elect to opt-out of these communications at any time by following the instructions and link provided within the e-mail communication.
9. Links to Other Websites
a) You may find links to other Internet sites or resources on phonescan.org that offer content, goods, or services. You acknowledge and agree that PhoneScan has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
11. PhoneScan’s Intellectual Property
a) PhoneScan is the exclusive owner of trademark rights in the PhoneScan mark, copyright in the software used through phonescan.org, and except as otherwise noted herein, copyright in the phonescan.org screen displays, and all other rights in the phonescan.org website and technology under U.S. and international intellectual property laws.
b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
c) Except as expressly authorized by PhoneScan, You agree not to use PhoneScan’s trademark or any mark confusingly similar to the PhoneScan mark. You agree not to reproduce, distribute, display or create derivative works of any part of phonescan.org or any information presented to You through phonescan.org, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on phonescan.org, framing content from phonescan.org, or creating any unauthorized derivative work.
d) PhoneScan uses third-party trademarks on phonescan.org to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and phonescan.org.
e) PhoneScan Photos provides access to proprietary images owned by third parties and made available through a license to PhoneScan. These images are protected by copyright law and are the intellectual property of the individual or company identified in each photo attribution. You agree not to use any automated tools to access or download these images and agree not to use or distribute these images for any commercial purpose. PhoneScan’s licenses with these third party owners do not authorize PhoneScan to provide You with any license to the photos.
f) PhoneScan may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. PhoneScan does not assert any copyright in these materials.
12. Submission of Confidential Information and Ideas
a) From time to time users submit ideas to PhoneScan for improving phonescan.org either by email or in the course of a customer care interaction. PhoneScan has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to PhoneScan.
13. Intellectual Property Claims
a) If You believe that Your copyright has been infringed in any way by phonescan.org, promptly provide in writing the following information to [email protected]phonescan.org.
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) 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 us to locate the material;
iv) Information reasonably sufficient to permit PhoneScan to contact You, such as an address, telephone number and e-mail address;
v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c) If You believe that Your other intellectual property rights have been infringed in any way by phonescan.org, please provide a detailed description of the alleged infringement for further investigation via e-mail to [email protected]phonescan.org. PhoneScan’s receiving, investigating, or responding to Your e-mail shall not constitute PhoneScan’s agreement or verification of Your claim(s) nor any admission of liability therefor. PhoneScan makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
a) Any notices to be given to PhoneScan under these Terms shall be made in writing to [email protected]phonescan.org.
b) You agree that PhoneScan can send You electronic notices to the e-mail address that You provided to PhoneScan in creating Your Account or by displaying the notice on phonescan.org. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
a) YOU USE phonescan.org AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM phonescan.org, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF PhoneScan HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, PhoneScan PROVIDES phonescan.org, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND PhoneScan SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
b) NO INFORMATION OR ADVICE PROVIDED ON phonescan.org, BY PhoneScan, OR BY PhoneScan’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
c) PhoneScan MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF phonescan.org, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT phonescan.org WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT phonescan.org, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF PhoneScan’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON phonescan.org WILL BE CORRECTED.
16. Limitation of Liability
a) To the extent permitted by law, PhoneScan shall have no liability, relating to Your use of (or connection to) phonescan.org, for:
i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
ii) , loss of business, profits, business information, or business interruption, or any other pecuniary loss; or
iii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
b) PhoneScan reserves the right, at any time, in PhoneScan’s sole and exclusive discretion, to amend, modify, suspend, or terminate phonescan.org, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. PhoneScan shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
a) You agree to defend, indemnify, and hold PhoneScan, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of phonescan.org.
b) PhoneScan reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify PhoneScan. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from PhoneScan.
18. Choice of Law
a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of California shall apply.
b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
19. Agreement to Arbitrate
Please read this carefully. It affects your rights.
a) Disputes Subject to Arbitration. PhoneScan and You agree to arbitrate all disputes and claims between us, including, but not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
• claims that may arise after the termination of this agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.
Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (18)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to PhoneScan should be addressed to: [email protected]phonescan.org. The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If PhoneScan and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or PhoneScan may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
(c) Costs of Arbitration. PhoneScan will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), PhoneScan will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, PhoneScan will pay all such fees in excess of $20. After PhoneScan receives notice at the Notice Address that You have commenced such an arbitration, PhoneScan will promptly reimburse you for any portion of the filing fee that you paid that PhoneScan has agreed to pay..
If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.
Unless PhoneScan and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.
Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws PhoneScan may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, PhoneScan agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND PhoneScan AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and PhoneScan agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other PhoneScan users. Neither You nor we may seek non-individualized relief that would affect other PhoneScan users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if PhoneScan makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
20. Entire Agreement
a) These Terms and any PhoneScan policies posted on phonescan.org constitute the entire contract between You and PhoneScan and supersede all previous written or oral contracts. Except as provided in paragraph (18)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Last Updated: August 14, 2017