Detectpeople, Inc. (“Detectpeople”) provides the
website Detectpeople.com or mobile applications that link to or reference these
Consumer Terms and Conditions (collectively, including all content and
functionality available through Detectpeople.com and related domain names and
any mobile applications, “Detectpeople.com”) to you (“You” or “Your”)
incorporated herein by reference. These Terms require that disputes between us
be resolved by binding arbitration rather than by jury trials or class actions
and limit your remedies in the event of a dispute.
You accept these Terms by accessing or using Detectpeople.com
in any manner, even if You do not create an Account with Detectpeople.com. You
represent and warrant that You are at least 18 years of age and of legal
competence to enter into this agreement. You also represent and warrant that
You (i) are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) You are not listed on any U.S. Government list of
prohibited or restricted parties.
Detectpeople 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. By continuing to access or use Detectpeople.com, You accept any
changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT
USE DETECTPEOPLE.COM
References to “Detectpeople,” “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 Detectpeople.
1. Accounts and Logins
a) You represent and warrant that all
information You provide in connection with the creation of an account with Detectpeople.com
(“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 Detectpeople by sending an email
to Info@detectpeople.com.
Detectpeople reserves the right to terminate Your Account at any time for any
reason. If Your Account is terminated Detectpeople 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 page
2. License to Use Detectpeople.com
a) Detectpeople grants You a personal,
non-exclusive, non-transferable, limited and revocable license to use Detectpeople.com
subject to the Terms. You may use Detectpeople.com and information acquired
from Detectpeople.com for personal use only, provided that such personal use is
not to determine consumer eligibility for any purpose covered by the Fair
Credit Reporting Act (as further described herein) and is all times for lawful
purposes. You may not use Detectpeople.com in a manner that exceeds the rights
granted for Your use. Certain content provided on Detectpeople.com may be
sourced from other third party sites and if noted.
b) Other than connecting to Detectpeople.com by
http request using a web br /owser, You may not attempt to access Detectpeople’s
servers or Detectpeople.com 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 Detectpeople’s servers or Detectpeople.com.
You may not use Detectpeople.com to compile data or images for use by any
commercial entity.
c) You agree not to disrupt, modify or interfere
with Detectpeople.com, or its associated software, hardware, and servers in any
way. You agree not to impede or interfere with others’ use of Detectpeople.com.
You further agree not to alter or tamper with any information or materials on
or associated with Detectpeople.com.
d) You may not use Detectpeople.com or any
information acquired from Detectpeople.com:
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 Detectpeople.com;
ii) to make any phone call or send any email or
text message that does not comply with CAN-SPAM, the Telephone Consumer
Protection Act or any other applicable federal or state law. You acknowledge
that You are solely responsible for ensuring that telephone calls made or email
or text messages sent using information obtained from Detectpeople.com are in
compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other
applicable federal or state laws. Detectpeople does not scrub any phone numbers
displayed on Detectpeople.com through the National Do Not Call Registry or any
other do-not-call registries;
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) (the
“FCRA”), Federal Trade Commission or court interpretations of the FCRA, or
similar state statutes.;
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. You
agree not to search for, or submit to Detectpeople, information relating to
persons that reside outside of the United States.
3. Assignments
a) Detectpeople 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 Detectpeople.com
a) Detectpeople 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 Detectpeople.com
people search.
b) Detectpeople does not verify this Public
Information. Detectpeople does not evaluate each piece of information provided
and makes no guarantees to Detectpeople users about the accuracy, legitimacy,
or legality of any information or how recently any information was collected or
updated. As a user of Detectpeople.com, You agree that there are no warranties
or guarantees whatsoever regarding the information provided. Further, You agree
to rely on the information available through Detectpeople.com at Your own
risk. The Public Information may include photos obtained from social
network profiles. Detectpeople takes no responsibility for these
photos.
c) Court records are provided for informational
purposes only. While we endeavor to provide you with the most up to date and
comprehensive information, certain inaccuracies may still exist and certain
records may be omitted. Detectpeople shall not be liable for any errors or
omissions on this site. Anyone who uses any information provided by Detectpeople
to commit a crime or to harass an individual or his or her family may be
subject to criminal prosecution and civil liability.
d) Detectpeople does not allow individuals to
opt-out (i.e. suppress display) of court records which pertain to them, unless
an Order of Expunction or Sealing is provided. You may email a copy of any such
Order to expungement@Detectpeople.com. Detectpeople will only suppress or
delete only those records specifically noted in the Order. A conviction may be
expunged, but unless the Order also specifies expungement of the associated
arrest record, it will remain on our systems.
5. Syndication Tool
a) The Detectpeople syndication tool permits You
to aggregate private content from third-party social networks and websites all
in one place. This tool requires You to provide Your login credentials for each
third-party social network or website You would like to access through the
tool.
b) By providing Your login credentials to Detectpeople,
You expressly request and authorize the Detectpeople syndication tool to
automatically login to these third-party social networks and websites as Your
agent, for the purpose of aggregating content which You are authorized to
access.
c) The Detectpeople syndication tool stores
aggregated content solely for the purpose of presenting it to You, the user who
has provided the third-party login credentials. This content will not be stored
or used for any other purpose and will be deleted within a reasonable period of
time following the termination of Your use of the syndication tool.
d) You agree to defend, indemnify, and hold Detectpeople,
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 use of the Detectpeople
syndication tool.
6. Privacy Policy
a) Detectpeople maintains a Privacy Policy
describing its collection, retention, and use of information about users of Detectpeople.com.
7. Payment Policy
a) Detectpeople maintains a Payment Policy
regarding all payments made to Detectpeople in connection with premium
subscriptions.
8. Communications from Detectpeople
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 Detectpeople.com that offer content, goods, or services. You
acknowledge and agree that Detectpeople 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.
10. Third Party Partners Terms of Use
a) Detectpeople utilizes mapping functionality
provided by Google Maps.
b) Detectpeople 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.
11. Detectpeople’s Intellectual Property
a) Detectpeople is the exclusive owner of
trademark rights in the DETECTPEOPLE mark, copyright in the software used
through Detectpeople.com, and except as otherwise noted herein, copyright in
the Detectpeople.com screen displays, and all other rights in the Detectpeople.com
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 Detectpeople,
You agree not to use Detectpeople’s trademark or any mark confusingly similar
to the DETECTPEOPLE mark. You agree not to reproduce, distribute, display or
create derivative works of any part of Detectpeople.com or any information
presented to You through Detectpeople.com, in whole or in part. This
prohibition includes unauthorized copying or distribution of any of the content
displayed or used on Detectpeople.com, framing content from Detectpeople.com,
or creating any unauthorized derivative work.
d) Detectpeople uses third-party trademarks on Detectpeople.com
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 Detectpeople.com.
e) Detectpeople 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. Detectpeople does not
assert any copyright in these materials.
12. Submission of Confidential Information and
Ideas; Submission of User Provided Content
a) From time to time users submit ideas to Detectpeople
for improving Detectpeople.com either by email or in the course of a customer
care interaction. Detectpeople 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 Detectpeople.
b) Portions of the content on Detectpeople.com
are submitted by You and other users ('User Provided Content'), to which You
may contribute appropriate material. User Provided Content includes, but is not
limited to, any information you upload to Detectpeople.com or any Detectpeople.com
mobile applications, any posts you make on Detectpeople.com or any Detectpeople.com
mobile applications, and any comments or suggestions you send to us. For User
Provided Content, we are merely hosting and providing access as well as
providing tools to post and share content, and we cannot accept any liability
with regard to such material (including with respect to its accuracy). While we
cannot preview or monitor the User Provided Content, Detectpeople may delete
any content that we believe to be in violation of this Agreement. We reserve
the right, but do not have the obligation, to act expeditiously to remove or
disable access to any User Provided Content that we believe violates this
Agreement. We are also sensitive to the copyright and other intellectual
property rights of others.
The decision to upload or share User Provided
Content is Your responsibility and You should only submit or share User
Provided Content that belongs to you (or where you have obtained all necessary
permissions or consents) and that will not violate the rights of others. Be
aware that copyright and other intellectual property rights will normally
belong to the creator of the material in question and You should not reproduce
or submit anything without permission of the owner. By submitting User Provided
Content, You represent and warrant that You have the right to do so or that you
have obtained any necessary third party consents (e.g., under privacy or
intellectual property laws). You agree that you will be liable to us and
indemnify us for any loss or damage we suffer as a result of your br /each of
the foregoing warranties. Upon our request You agree to furnish Detectpeople
with any documentation, substantiation and releases necessary and reasonably
required to verify and substantiate your compliance with this provision.
By submitting User Provided Content, You grant Detectpeople
a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to
host, store, copy, publish, distribute, provide access to create derivative
works of, and otherwise use User Provided Content submitted by You, to the
extent and in the form or context we deem appropriate on or through any media
or medium and with any technology or devices now known or hereafter developed
or discovered. You hereby release Detectpeople from any and all claims, liens,
demands, actions or suits in connection with the User Provided Content You
submit, including, without limitation, any and all liability for any use or
nonuse of Your User Provided Content, claims for defamation, invasion of
privacy, right of publicity, emotional distress or economic loss. This license
continues even if You stop using Detectpeople.com. Detectpeople may scan, image
and/or create an index from the User Provided Content you submit. In this
situation, you grant Detectpeople a license to the User Provided Content as
described above and Detectpeople will own the digital version of documents
created by Detectpeople as well as any indexed information that Detectpeople
creates. Except for the rights granted in this Agreement, Detectpeople acquires
no title or ownership rights in or to any User Provided Content You submit and
nothing in this Agreement conveys any ownership rights in such User Provided
Content. The licenses granted continue for the maximum time permitted by
applicable law, even if You stop using Detectpeople.com.
You acknowledge and agree that Detectpeople may
preserve any User Provided Content and may disclose any User Provided Content
(including its origin) if Detectpeople believes that it is required to do so by
law or that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process or governmental requests; (b) enforce the Agreement;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or safety of Detectpeople.com, other users,
or the public.
13. Intellectual Property Claims
a) If You believe that Your copyright has been
infringed in any way by Detectpeople.com, promptly provide in writing the
following information to info@Detectpeople.com:
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 Detectpeople
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 Detectpeople.com, please
provide a detailed description of the alleged infringement for further investigation
via e-mail to info@detectpeople.com. Detectpeople’s
receiving, investigating, or responding to Your e-mail shall not constitute Detectpeople’s
agreement or verification of Your claim(s) nor any admission of liability
therefor. Detectpeople makes no commitment, covenant, promise, warranty,
representation, or guarantee that it will receive, review, investigate, or
respond to Your claim within any particular time.
14. Notification
a) Any notices to be given to Detectpeople under
these Terms shall be made in writing to info@detectpeople.com
b) You agree that Detectpeople can send You
electronic notices to the e-mail address that You provided to Detectpeople in
creating Your Account or by displaying the notice on Detectpeople.com. 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.
15. Warranty
a) YOU USE DETECTPEOPLE.COM 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 DETECTPEOPLE.COM, OR OTHER
DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING
COMPUTER VIRUSES) EVEN IF DETECTPEOPLE HAS BEEN ADVISED OF OR IS AWARE OF THE
RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, DETECTPEOPLE PROVIDES DETECTPEOPLE.COM,
THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND
“WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND DETECTPEOPLE 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 DETECTPEOPLE.COM,
BY DETECTPEOPLE, OR BY DETECTPEOPLE’S EMPLOYEES OR AGENTS SHALL CREATE ANY
WARRANTY.
c) DETECTPEOPLE 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 DETECTPEOPLE.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT DETECTPEOPLE.COM WILL OPERATE
UNINTERRUPTED OR ERROR-FREE;
iii) THAT DETECTPEOPLE.COM, THE SERVICES, THE
INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF DETECTPEOPLE’S
PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR
OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON DETECTPEOPLE.COM WILL BE
CORRECTED.
16. Limitation of Liability
a) To the extent permitted by law, Detectpeople
shall have no liability, relating to Your use of (or connection to) Detectpeople.com,
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) Detectpeople reserves the right, at any time,
in Detectpeople’s sole and exclusive discretion, to amend, modify, suspend, or
terminate Detectpeople.com, any services, information or content, or any part
thereof, and/or Your use of or access to them, with or without notice. Detectpeople
shall have no liability to You or any other person or entity for any
modification, suspension, or termination, or any loss of related information.
c) In the event of any failure of the Detectpeople.com
mobile application available through the Apple App Store, You may notify Apple,
and Apple may refund the fees paid to You. However, to the maximum extent
permitted by applicable law, Apple will have no other obligation whatsoever
with respect to Detectpeople.com mobile application.
17. Indemnification
a) You agree to defend, indemnify, and hold Detectpeople,
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 Detectpeople.com.
b) Detectpeople 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 Detectpeople. You shall not
settle any dispute subject to Your indemnification under these Terms without
written consent from Detectpeople.
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. Detectpeople
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
br /ing 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 (19)(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 Detectpeople
should be addressed to: General Counsel, Detectpeople, Inc., 556 S. Fair Oaks
Ave., Suite # 101-179, Pasadena, CA USA 91105 (“Notice Address”). 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 Detectpeople and you do not reach an
agreement to resolve the claim within 45 days after the Notice is received, You
or Detectpeople may commence an arbitration proceeding with the American
Arbitration Association (“AAA”).
(c) Costs of Arbitration. Detectpeople 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
(19)(b) and are seeking relief valued at $300 or less (both to You and us), Detectpeople
will pay all AAA filing, administration, and arbitrator fees. If your claim is
for greater than $300 but less than $10,000, Detectpeople will pay all such
fees in excess of $20. After Detectpeople receives notice at the Notice Address
that You have commenced such an arbitration, Detectpeople will promptly
reimburse you for any portion of the filing fee that you paid that Detectpeople
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 br
/ought 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 Detectpeople 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 br /ing 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 br /ing 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 br /ought 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 Detectpeople may have a right to
an award of attorneys’ fees and expenses if it prevails in an arbitration, Detectpeople
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 br
/ought 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 DETECTPEOPLE AGREE THAT EACH MAY
BR /ING 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 Detectpeople 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 Detectpeople users.
Neither You nor we may seek non-individualized relief that would affect other Detectpeople
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 br
/ought in court.
(f) Future Changes to Agreement to Arbitrate.
Notwithstanding any provision in these Terms to the contrary, we agree that if Detectpeople
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 Detectpeople policies
posted on Detectpeople.com constitute the entire contract between You and Detectpeople
and supersede all previous written or oral contracts. Except as provided in
paragraph (19)(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. Any failure by us to
enforce any term of the Terms shall not affect our right to require performance
at any subsequent time, nor shall the waiver by us of any br /each by you of
any provisions of these terms be taken to be a waiver of the provision or
provisions itself. Apple, Inc. and its subsidiaries are intended third party
beneficiaries of these Terms, and they are entitled to enforce these Terms.