You accept these Terms by accessing or using Profiwiki.com in any manner, even if You do not create an Account with Profiwiki.com. 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 Profiwiki.com on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.
Profiwiki 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 Profiwiki.com. By continuing to access or use Profiwiki.com, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE PROFIWIKI.COM
References to Profiwiki "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 Profiwiki.
a) You represent and warrant that all information You provide in connection with the creation of an account with Profiwiki.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 Profiwiki by sending an email to email@example.com. Profiwiki reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Profiwiki 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 at http://profiwiki.com/.
a) Profiwiki grants You a personal, non-exclusive, non-transferable, limited and revocable license to use Profiwiki.com subject to the Terms. You may use Profiwiki.com and information acquired from Profiwiki.com 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 Profiwiki.com in a manner that exceeds the rights granted for Your use. Certain content provided on Profiwiki.com may be sourced from other third party sites and if noted, is subject to Other Licenses. Your use of any such content must also comply with those license terms.
b) Other than connecting to Profiwiki.com by http/https request using a web browser, You may not attempt to access Profiwiki's servers or Profiwiki.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 Profiwiki's servers or Profiwiki.com. You may not use Profiwiki.com to compile data or images for use by any commercial entity.
c) You agree not to disrupt, modify or interfere with Profiwiki.com, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others' use of Profiwiki.com. You further agree not to alter or tamper with any information or materials on or associated with Profiwiki.com.
d) You may not use Profiwiki.com or any information acquired from Profiwiki.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 Profiwiki.com;
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;
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) Profiwiki 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.
a) Profiwiki aggregates publicly available information from real people, 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 Profiwiki.com people search.
b) Profiwiki does not verify this Public Information. Profiwiki does not evaluate each piece of information provided and makes no guarantees to Profiwiki users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Profiwiki.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 Profiwiki.com at Your own risk.
c) To request that Public Information about You be removed from Profiwiki.com people searches, please use our Remove A Listing tool at http://profiwiki.com/. This tool is only intended to remove information available through Profiwiki.com and cannot remove the information from the third-party public sources, such as phone books.
d) 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. Profiwiki shall not be liable for any errors or omissions on this site. Anyone who uses any information provided by Profiwiki to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.
e) Profiwiki 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 firstname.lastname@example.org. Profiwiki 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.
a) The Profiwiki 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 Profiwiki, You expressly request and authorize the Profiwiki 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 Profiwiki 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 Profiwiki, 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 Profiwiki syndication tool.
a) Profiwiki maintains a Payment Policy regarding all payments made to Profiwiki in connection with premium subscriptions. This policy can be accessed at http://profiwiki.com/payment-policy, and is incorporated herein by reference.
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.
a) You may find links to other Internet sites or resources on Profiwiki.com that offer content, goods, or services. You acknowledge and agree that Profiwiki 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.
a) Profiwiki 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. Your use of this content may be subject to additional terms, including, but not limited to, the Creative Commons Attribution ShareALike License.
a) Profiwiki is the exclusive owner of trademark rights in the PROFIWIKI mark, copyright in the software used through Profiwiki.com, and except as otherwise noted herein, copyright in the Profiwiki.com screen displays, and all other rights in the Profiwiki.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 Profiwiki, You agree not to use Profiwiki's trademark or any mark confusingly similar to the PROFIWIKI mark. You agree not to reproduce, distribute, display or create derivative works of any part of Profiwiki.com or any information presented to You through Profiwiki.com, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on Profiwiki.com, framing content from Profiwiki.com, or creating any unauthorized derivative work.
d) Profiwiki uses third-party trademarks on Profiwiki.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 Profiwiki.com.
e) Profiwiki 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. Profiwiki does not assert any copyright in these materials.
a) From time to time users submit ideas to Profiwiki for improving Profiwiki.com either by email or in the course of a customer care interaction. Profiwiki 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 Profiwiki.
a) If You believe that Your copyright has been infringed in any way by Profiwiki.com, promptly provide in writing the following information to email@example.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 Profiwiki 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.
b) If You believe that Your other intellectual property rights have been infringed in any way by Profiwiki.com, please provide a detailed description of the alleged infringement for further investigation via e-mail to firstname.lastname@example.org. Profiwiki's receiving, investigating, or responding to Your e-mail shall not constitute Profiwiki's agreement or verification of Your claim(s) nor any admission of liability therefor. Profiwiki 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 Profiwiki under these Terms shall be made in writing to email@example.com.
b) You agree that Profiwiki can send You electronic notices to the e-mail address that You provided to Profiwiki in creating Your Account or by displaying the notice on Profiwiki.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.
a) YOU USE PROFIWIKI.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 PROFIWIKI.COM, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF PROFIWIKI HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, PROFIWIKI PROVIDES PROFIWIKI.COM, THE SERVICES, THE INFORMATION AND THE CONTENT "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, AND PROFIWIKI 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 PROFIWIKI.COM, BY PROFIWIKI, OR BY PROFIWIKI'S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
c) PROFIWIKI 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 PROFIWIKI.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT PROFIWIKI.COM WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT PROFIWIKI.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF PROFIWIKI'S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON PROFIWIKI.COM WILL BE CORRECTED.
a) To the extent permitted by law, Profiwiki shall have no liability, relating to Your use of (or connection to) Profiwiki.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) Profiwiki reserves the right, at any time, in Profiwiki's sole and exclusive discretion, to amend, modify, suspend, or terminate Profiwiki.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Profiwiki 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 Profiwiki, 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 Profiwiki.com.
b) Profiwiki 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 Profiwiki. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Profiwiki.
a) These Terms and any Profiwiki policies posted on Profiwiki.com constitute the entire contract between You and Profiwiki and supersede all previous written or oral contracts.
Last Updated: Jul 23, 2015