Privacy Policy

searchfinder.com Terms of Service and Subscription Agreement

These Terms of Service and Subscription Agreement (this “Agreement”) are entered into by and between SearchFinder, LLC, a Wyoming liability company (“SF” or “we”) and you (“you” or “your”). You and SF may also be referred to individually as a “Party” and, collectively, as the “Parties.”

IT IS ESSENTIAL THAT YOU READ THESE TERMS OF SERVICE AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.

YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT.

SF operates the platform known as “searchfinder.com” and such other related online websites and applications as SF may create and with which it may partner (collectively, the “Site”).

The Site enables users (each, a ”User” and, collectively, the “Users”) to obtain information about persons (collectively, the “Services”).

The Services provided to you shall be included in any reference to your use of the Site.

Therefore, the Parties agree as follows:

1. AGREEMENT TO BE BOUND You agree to be bound by this Agreement by your use of the Site. If you do not agree with or do not wish to be bound by any provision hereof, cease using this Site immediately.

2. DEFINITIONS.
   In addition to the definitions provided throughout the Agreement, the following terms have the following meanings when used herein: “Documentation” means any websites, manuals, videos, documentation, emails and other supporting materials related to the Site that SF provides to you or that you can access under this Agreement. Documentation is considered part of the Site. “Member Resources” means videos, publications, documentation, websites, apps or other benefits that are accessible to only members who have a valid and current Subscription. “Personal Information” means the contents of your profile and any search criteria you may choose. “Subscription” means the result of purchasing a Subscription Plan. “Subscription Fee” means the amount paid for a Subscription Plan. “Subscription Plan” means a package of Services described on the Site. “Subscription Term” means the period from the commencement of a Subscription Plan to its termination.

3. THE SERVICES.

3.1 Subscriptions.
When you register as a member and purchase a subscription, you can access all the Member Resources.
A Subscription Plan will require a valid credit card on which we will charge the Subscription Fee on a recurring basis in accordance with the Subscription Plan chosen by you.
Subscription Plans automatically renew until terminated by you or us, as provided herein. Upon renewal, the method of payment provided by you shall be charged the Subscription Fee as specified for the Subscription Plan you selected. In the event the payment method provided by you is declined, we reserve the right to continue to charge your payment method for any due balance or portion thereof. You authorize SF to charge an insufficient funds fee of $0.97 for each failed attempt to bill you. You may upgrade or terminate a Subscription Plan at any time. If you terminate a Subscription Plan other than at the end of its term, there will be no credits or offsets for the portion of the then-current Subscription Term (see below) after you downgrade. SF utilizes state-of-the-art encrypted security measures (including but not limited to username and password protections) to protect your Personal Information.
You agree that SF may, in its sole discretion, with or without notice, change these terms and conditions, or any aspect of a Subscription Plan or Subscription. If any change to a Subscription Plan or Subscription is found invalid, void, or unenforceable, that change is severable and does not affect the validity or enforceability of any remaining changes or conditions.

By using the Website and/or Services, You authorize SearchFinder, and/or its payment processor, to charge SearchFinder’s fees to the credit card, debit card, or other payment method You provide. In the event of an unsuccessful payment, an administrative fee of up to $1.00 may be applied in order to keep your membership active until the full fee can be processed successfully.

3.2 Termination. SF reserves the right to change its prices for the Subscription Plans at any time. In addition to termination for failure of payment, any Subscription Plan and/or this Agreement may be terminated by either you or SF at any time, for any or no reason, effective immediately.
In the event of a termination by you other than on the renewal date of a Subscription Term, (a) you will continue to have full access to Member Resources for the remainder of the then-current Subscription Term; and (b) there will be no refunds, discounts or credits for amounts paid with respect to any portion of the then-current Subscription Term remaining after the effective date of termination.
At the conclusion of the Subscription Term during which you request termination, (a) you will not be billed for any recurring Subscription Fees; and (b) you will no longer have access to Member Resources. In the case of a termination of a Subscription Plan by SF due to a breach by you of this Agreement, SF reserves the right to immediately suspend or cease access to Member Resources and/or claim additional damages as SF determines to be appropriate and warranted.

4. YOUR USE OF THE SITE.

4.1 Your Responsibilities. You will (a) be responsible for your compliance with this Agreement, (b) use reasonable efforts to prevent unauthorized access to the Member Resources and notify SF promptly of any such unauthorized access or use, and (c) use the Site only in accordance with the Documentation and all applicable laws and regulations, including, without limitation, applicable export control laws and regulations of the United States and other jurisdictions (as provided in more detail below). You are solely and exclusively responsible for the security of the usernames and passwords issued to you. SF shall be entitled to rely on the authority of any person using the username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct.

4.2 Restrictions. You will not (a) make the Site or the Member Resources available to or use the Site or the Member Resources for the benefit of anyone other than yourself, (b) sell, resell, license, sublicense, distribute, rent, or lease the Site or the Member Resources, or include the Site or the Member Resources in a service bureau or outsourcing offering, (c) use the Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Site to store or transmit malicious code, (e) interfere with or disrupt the integrity or performance of the Site or any third-party data contained therein, (f) attempt to gain unauthorized access to the Site, the Member Resources or any related systems or networks, (g) permit direct or indirect access to or use of the Site or the Member Resources in a way that circumvents a contractual usage limit, (h) copy the Site or the Member Resources or any part, feature, function, or user interface thereof, (i) frame or mirror any part of the Site or the Member Resources other than as permitted in the Documentation, (j) access, record or copy the Site or the Member Resources in order to build a competitive product or service, or (k) reverse engineer, disassemble or decompile the Site or the Member Resources.
Without limiting our remedies which include filing a copyright action against you for up to Two Hundred Fifty Thousand Dollars ($250,000) per violation, in the event you violate this Section 4.2, directly or indirectly, we will suffer losses and damages the exact amount of which would be extremely difficult and impracticable to ascertain. Consequently, in addition to any copyright infringement claims, you agree to pay to us One Hundred Thousand Dollars ($100,000) per violation as a fair and reasonable estimate of the losses and damages we will suffer as a result of each such violation. In addition, you agree to pay all of the costs, including reasonable attorneys’ fees which we may incur in enforcing this section and collecting the liquidated damages provided herein.

5. SECURITY. SF shall implement and maintain appropriate measures in accordance with generally accepted industry standards to (i) protect against any anticipated threats or hazards to the security or integrity of the Personal Information; and (ii) protect against unauthorized access to the Personal Information.

6. YOUR REPRESENTATIONS AND WARRANTIES. You represent and warrant the following: (a) You are eighteen (18) years of age or older. (b) You are accessing the Member Resources with no intent to broadcast, republish, misrepresent, edit, copy, display or in any way use the Member Resources for any purpose other than your personal use.

7. CONFIDENTIALITY.
   For the purposes of this Agreement, “Confidential Information” means any business or technical information that either Party discloses to the other Party, in writing, orally or by any other means, that should reasonably have been understood by the receiving Party due to “confidential” and similar markings, the circumstances of disclosure, or the nature of the information itself, to be proprietary and confidential to the other Party, including, without limitation, computer programs, code, algorithms, data, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, and product development plans, names and expertise of employees and consultants, and customer lists. Neither Party will use the other Party’s Confidential Information, except as permitted under this Agreement. Each Party agrees to maintain in confidence and protect the other Party’s Confidential Information using at least the same degree of care as such Party uses for its own information of a similar nature, but in all events at least a reasonable degree of care. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other’s Confidential Information, including, without limitation, disclosing Confidential Information only to such Party’s employees, independent contractors, consultants and legal and financial advisors (collectively, “Representatives”) (a) with a need to know such information, (b) who are parties to appropriate agreements sufficient to comply with this Section and (c) who are informed of the nondisclosure obligations imposed by this Section. Each Party will be responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency or other governmental body, provided that the Party required to make such a disclosure gives reasonable notice to the other Party to enable them to contest such order or requirement. The restrictions set forth in this Section shall remain in effect during the Subscription Term, and for five (5) years thereafter. The restrictions set forth in this Section will not apply with respect to any Confidential Information that: (i) was or becomes publicly known through no fault of the receiving Party; (ii) was rightfully known or becomes rightfully known to the receiving Party without confidential or proprietary restriction from a source other than the disclosing Party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer of such disclosing Party; or (iv) the receiving Party independently develops without access to or use of the other Party’s Confidential Information.

Your Confidential Information expressly includes the Personal Information. We follow generally accepted best practices to safeguard the Personal Information. We conduct background checks on and have confidentiality agreements with all personnel who have or may have access to the Personal Information, including but not limited to those in technical support.

8. TITLE.
   In addition to SF’s Confidential Information, SF owns or licenses all rights, title and interest in and to the SF software and Site, the Member Resources as well as any trademarks, copyrights, trade secrets and inventions, whether or not any of the foregoing are registered, and any ideas, suggestions, proposals, research or test results obtained through, from or as a result of your use of the Site and/or feedback provided by you regarding the Site (collectively, “SF Assets”). Your rights to the Site are limited to the rights expressly granted to you in this Agreement. SF reserves all rights not expressly granted in this Agreement. You agree that you shall not attempt to claim, register or protect any interest in or to the SF Assets.

9. INDEMNIFICATION.

9.1 SF’s Indemnification Obligation. SF will defend or settle, at its option and expense, any third-party claim brought against you to the extent that it is based on an allegation that your use of the Site as permitted under this Agreement infringes a patent, copyright, or trademark or misappropriates a trade secret of any third-party (each, a “Claim”), and, subject to Section 12, SF will pay all damages and costs (including reasonable legal fees) finally awarded by a court of final appeal attributable to such a Claim, provided that you notify SF in writing of any such Claim as soon as reasonably practicable and allows SF to control, and reasonably cooperates with SF in the defense of, any such Claim and related settlement negotiations.

9.2 Exclusions. You understand that SF has no obligation to indemnify you for any Claim that is based on (i) modification of the Site by any party other than SF; (ii) your use of the Site (including the Member Resources) other than as authorized by this Agreement and the Documentation or in violation of your representations and warranties; (iii) use of the Member Resources by any person other than you who accesses the Member Resources using your username and password; or (iv) your failure to stop using the Site or the Member Resources after receiving written notice to do so from SF in order to avoid further infringement or misappropriation (subparts (i)-(iv) are referred to collectively as “Indemnity Exclusions”).

9.3 Right to Ameliorate Damages. If your use of the Site is, or in SF’s reasonable opinion is likely to be, subject to a Claim under Section 9.1, SF may, at its sole option and at no charge to you (and in addition to SF’s indemnity obligation to you in Section 9.1) (i) procure for you the right to continue using the Site; (ii) replace or modify the Site so that it is non-infringing and substantially equivalent in function to the original Site; or (iii) if options (i) and (ii) above are not commercially practicable in SF’s sole determination, SF can terminate this Agreement and all licenses granted hereunder (in which event, you will immediately stop using the Site) and refund the Subscription Fees that you paid which are allocable to the remainder of the then-current Subscription Term.

9.4 Your Indemnification Obligation. Except to the extent that SF is obliged to indemnify you in Section 9.1 above, you will defend, indemnify and hold SF harmless from and against any claims that may arise out of or be related to or connected with your use or misuse of the Site or the Member Resources (including but not limited to collection, transmission and processing of the Personal Information) or use or misuse of the Site or the Member Resources by any person other than you who accesses the Site or the Member Resources using your username and password (including, without limitation, any Indemnity Exclusion). For purposes of this section, any reference to SF shall include SF’s Affiliates, shareholders, directors, officers, employees, agents and contractors.

9.5 Sole Remedy. This Section sets forth your sole and exclusive remedies, with respect to claims of infringement or misappropriation of third-party intellectual property rights.

10. DISCLAIMER.
    SF PROVIDES THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, SF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. ADDITIONALLY, SF OBTAINS ITS INFORMATION FROM PUBLIC AND OTHER AVAILABLE RECORDS AND DOES NOT WARRANT THE ACCURACY OF THE INFORMATION. IN THE EVENT OF AN INACCURACY, ALL RECOURSE SHALL BE LIMITED TO THE ORIGINAL SOURCES OF SUCH INFORMATION.

11. ASSUMPTION OF RISK AND WAIVER.
    You expressly and unconditionally assume any risks and waive any and all claims against SF, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions, and regardless of the source or the cause of the issue including but not limited to failures of third-party sites or applications with which the Site interacts: (a) any personal injury to you or anyone else relating to, caused by or connected to any activity or product depicted on the Site or the Member Resources (including but not limited to reviews, instructions, third-party products and do-it-yourself maintenance and repairs); (b) any damage to property of yours or anyone else’s relating to, caused by or connected to any activity or product depicted on the Site or the Member Resources (including but not limited to reviews, instructions, third-party products and do-it-yourself maintenance and repairs); (c) any unauthorized person uses your username and/or password to access the Site with any result, including but not limited to making changes in authorizations; (d) the Site or the Member Resources are partially or totally inoperative or inaccessible; (e) use of the Site or the Member Resources; (f) viruses or other malicious software are transferred to your computer or other device by using the Site; (g) bugs, errors or inaccuracies in the Site; (h) third-party content, actions or inactions on or with respect to the Site; (i) a suspension or other action taken with respect to your account by SF; or (j) deletion, corruption or destruction of any of the Personal Information. No waiver by SF of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by SF in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. For purposes of this section, any reference to SF shall include SF’s Affiliates, joint venture associates and the owners, directors, officers, employees, agents, contractors and vendors of each.

12. LIMITATION OF LIABILITY.
    To the extent permitted by law, in no event shall SF have any liability to you for any indirect, special, incidental, punitive, or consequential damages (including for loss of profit, revenue, or data) arising out of or in connection with the Site or this Agreement, however caused, and under whatever cause of action or theory of liability brought (including under any contract, negligence, indemnification or other tort theory of liability) even if advised of the possibility of such damages. To the extent permitted by applicable law, SF’s total cumulative liability to you or any third-party arising out of or in connection with the Site or this Agreement, from all causes of action and all theories of liability, will be limited to and will not exceed the greater of the Subscription Fees paid by you during the Twelve (12) months immediately preceding the claim or One Hundred Dollars ($100.00). The Parties agree that this Section represents a reasonable allocation of risk.

13. GOVERNING LAW AND VENUE.
    This Agreement will be governed by and interpreted in accordance with the laws of the State of Wyoming, USA, without giving effect to any principles of conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Laramie County, Wyoming, USA, and the Parties irrevocably consent to personal jurisdiction and venue therein. If any Party incurs costs or expenses including but not limited to reasonable attorneys’ fees in connection with an action relating to the terms of and performance under this Agreement, the prevailing Party in such an action shall be entitled to recover its costs and reasonable attorneys’ fees incurred. You agree that you may bring a claim against SF only in your capacity as an individual User, not as the member of or participant in any group or class.
    EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT IT MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON, RELATING TO OR ARISING OUT OF THIS AGREEMENT, USE OF THE SITE, USE OF THE MEMBER RESOURCES OR PARTICIPATION IN ANY OF THE ACTIVITIES OR USE OF ANY OF THE PRODUCTS INCLUDED OR DEPICTED IN THE SITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS LISTED HEREIN.

14. MISCELLANEOUS.

14.1 Independent Contractors. SF is and will be deemed to be an independent contractor with respect to you in regard to the subject matter of this Agreement, and nothing contained in this Agreement will be deemed or construed in any manner whatsoever as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship between SF and you.

14.2 Assignment. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. SF may assign this Agreement, in part or whole, inclusive of the Personal Information and personal account information without your consent to an Affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets or equity. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors and permitted assigns.

14.3 Amendment. SF may amend this Agreement at any time, in its sole and absolute discretion; provided any changes in this Agreement shall be binding upon you only upon renewal of your Subscription Term (unless SF terminates your Subscription). You will be notified of such change(s) by email. Your continued use of the Site after the effective date of any such modification shall be conclusive evidence of your consent to be bound by such modification.

14.4 Force Majeure. Neither Party will be responsible for any failure or delay in its performance under this Agreement (except for any payment obligations) due to causes beyond its reasonable control, including, without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, pandemics, communication line failure, governmental orders (including but not limited to quarantines and business closures) and power failures.

14.5 Notices. Any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered in person or sent by registered or certified mail (return receipt requested) or nationally recognized overnight delivery service, postage pre-paid addressed as follows, or to such other address as such Party may notify to the other Party in writing:

To SF: 1603 Capitol Avenue, Suite 413, Cheyenne, Wyoming 82001, United States

		Email: [email protected]

To you: As provided by you at the time of registration and as may be amended by you from time to time.

Notices, demands or requests which either Party is required or desires to give the other hereunder shall be deemed to have been properly given for all purposes if (A) hand-delivered to the Party's notice address, (B) mailed by express, registered or certified mail of the United States Postal Service, return receipt requested, postage prepaid, or (C) delivered to a nationally recognized overnight courier service for next business day delivery, to its addressee at such Party's notice address. Each such notice, demand or request shall be deemed to have been received upon the earlier of (i) actual receipt or refusal by the addressee if hand-delivered in accordance with clause (A) above, or (ii) three (3) business days after deposit thereof at any main or branch United States post office, if sent in accordance with clause (B) above, or the next business day after deposit thereof with the courier, if sent pursuant to clause (B) or (C) above. The parties shall notify the other of any change in address, which notification must be at least two (2) business days in advance of it being effective. Notices may be given on behalf of any Party by such Party's legal counsel. For a notice to be valid, an email copy shall accompany each of the foregoing modes of noticing a Party. An email notice, by itself, shall suffice as notice at such time as the sender receives a receipt acknowledgment or the recipient replies, directly or indirectly, to such notice.

14.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.

14.7 Section Headings. Section headings are included for ease of reference only and have no binding effect.

14.8 Interpretation. You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any Party as the drafter. This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.

14.9 Headings The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.

14.10 Blocked Persons. Each Party represents and warrants to the other that it is not a person or entity listed on Appendix A to Title 31, Chapter V of the Code of Federal Regulations (aka “Suspected Terrorist List”) (a “Blocked Person”). Each Party acknowledges that the reason for such certificate is that Executive Order 13224 and the regulations promulgated pursuant thereto provide that any transfer of property or interest in property with a Blocked Person is null and void and the Party entering such transaction with a Blocked Person could be subject to monetary penalties or imprisonment in accordance with 31 CFR 594.701.

14.11 Entire Agreement. This Agreement constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior understandings and agreements, whether oral or written, between the Parties with respect to the subject matter of this Agreement.

14.12 Survival. Those provisions of this Agreement that by their terms or sense are intended to survive termination or expiration of this Agreement will survive and remain in full force and effect, including, without limitation, Sections 2, 4.2 and 6-14.