Terms of Use SocialDetection.com

(“Social Detection”) provides the website SocialDetection.com to you (“You” or “Your”) subject to these terms (“Terms”) and subject to Social Detection’s other policies, including our Payment Policy and Privacy Policy, 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 Social Detection in any manner, even if You do not create an Account with Social Detection. 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 Social Detection on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer. Social Detection may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. By continuing to access or use Social Detection.com, You accept any changes or revisions to the Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE Social Detection. References to “Social Detection,” “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 Social Detection.

1. Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account with Social Detection (“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 Social Detection by sending an email to legal@SocialDetection.com. Social Detection reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Social Detection 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.

2. License to Use Social Detection
a) Social Detection grants You a personal, non-exclusive, non-transferable, limited and revocable license to use Social Detection subject to the Terms. You may use Social Detection and information acquired from Social Detection for commercial purposes, provided that such commercial use is not for marketing purposes or 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 Social Detection in a manner that exceeds the rights granted for Your use.
b) Other than connecting to Social Detection by http request using a web browser, You may not attempt to access Social Detection’s servers or Social Detection 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 Social Detection’s servers or Social Detection. You may not use Social Detection to compile data or images for use by any commercial entity.
c) You agree not to disrupt, modify or interfere with Social Detection, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of Social Detection. You further agree not to alter or tamper with any information or materials on or associated with Social Detection.
d) You may not use Social Detection or any information acquired from Social Detection:
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 Social Detection ;
ii) for any commercial purpose including use in connection with marketing or sales activities;
iii) to send any type of spam, junk mail, or unsolicited communications;
iv) 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 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); v) 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.

3. Assignments
a) Social Detection 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 Social Detection
a) Social Detection 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 Social Detection search.
b) Social Detection does not verify this Public Information. Social Detection does not evaluate each piece of information provided and makes no guarantees to Social Detection users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Social Detection, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through Social Detection at Your own risk.

5. Privacy Policy
a) Social Detection maintains a Privacy Policy describing its collection, retention, and use of information about users of Social Detection.

6. Links to Other Websites
a) You may find links to other Internet sites or resources on Social Detection that offer content, goods, or services. You acknowledge and agree that Social Detection 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.

7. Third Party Partners Terms of Use
a) Social Detection 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.

8. Social Detection’s Intellectual Property
a) Social Detection is the exclusive owner of trademark rights in the Social Detection mark, copyright in the software used through Social Detection, and except as otherwise noted herein, copyright in the Social Detection screen displays, and all other rights in the Social Detection 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 Social Detection, You agree not to use Social Detection’s trademark or any mark confusingly similar to the Social Detection mark. You agree not to reproduce, distribute, display or create derivative works of any part of Social Detection or any information presented to You through Social Detection, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on Social Detection, framing content from Social Detection, or creating any unauthorized derivative work.
d) Social Detection uses third-party trademarks on Social Detection 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 Social Detection.com.
e) Social Detection Photos provides access to proprietary images owned by third parties. 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.
f) Social Detection 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. Social Detection does not assert any copyright in these materials.

9. Submission of Confidential Information and Ideas
a) From time to time users submit ideas to Social Detection for improving Social Detection either by email or in the course of a customer service interaction. Social Detection 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 Social Detection.

10. Intellectual Property Claims
a) If You believe that Your copyright has been infringed in any way by Social Detection, promptly provide in writing the following information to legal@SocialDetection.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 Social Detection 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.


11. Notification
a) Any notices to be given to Social Detection under these Terms shall be made in writing to legal@SocialDetection.com or to the following address:
Social Detection, Inc. 630 Freedom Business Center Drive 3rd Floor King of Prussia, PA 19406
b) You agree that Social Detection can send You electronic notices to the e-mail address that You provided to Social Detection in creating Your Account or by displaying the notice on SocialDetection.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.

12. Warranty
a) YOU USE Social Detection 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 Social Detection, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF Social Detection HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, Social Detection PROVIDES Social Detection.NET, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND Social Detection SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
b) NO INFORMATION OR ADVICE PROVIDED ON Social Detection, BY Social Detection, OR BY Social Detection’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
c) Social Detection 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 SocialDetection.COM, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT Social Detection WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT Social Detection, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF Social Detection’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE;
OR v) THAT ANY ERRORS ON Social Detection WILL BE CORRECTED.


13. Limitation of Liability
a) To the extent permitted by law, Social Detection shall have no liability, relating to Your use of (or connection to) Social Detection, for:
i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss);
or ii) 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) Social Detection reserves the right, at any time, in Social Detection’s sole and exclusive discretion, to amend, modify, suspend, or terminate Social Detection, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Social Detection shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

14. Indemnification
a) You agree to defend, indemnify, and hold Social Detection, 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 Social Detection.
b) Social Detection 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 Social Detection. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Social Detection.

15. 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 Pennsylvania shall apply. b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

16. Agreement to Arbitrate Please read this carefully. It affects your rights
a) Disputes Subject to Arbitration. Social Detection and You agree to arbitrate all disputes and claims between us, including, but not limited to:
i) 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;
ii) claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
iii) 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 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 Social Detection should be addressed to (“Notice Address”):

General Counsel
Social Detection, Inc.
630 Freedom Business Center Drive
3rd Floor
King of Prussia, PA 19406

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 Social Detection and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or Social Detection may commence an arbitration proceeding with the American Arbitration Association (“AAA”). Unless Social Detection 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 Social Detection may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Social Detection 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 Social Detection 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 Social Detection 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 Social Detection users. Neither You nor we may seek non-individualized relief that would affect other Social Detection 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 Social Detection 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.

17. Entire Agreement
a) These Terms and any Social Detection policies posted on Social Detection constitute the entire contract between You and Social Detection 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: July 1, 2014.