These Terms and Conditions were last updated on May 18, 2018
Publicseek is a product of Data Hub Inc. that offers services for users to search public information, as long as they follow these Terms & Conditions (let’s call them "Terms"). You can check out your public record, reconnect with old friends, look up potential dates, find out who’s behind a phone number, or learn more about the people your children spend time with. Publicseek makes all that possible!
However, it’s NOT possible to use Publicseek for private investigative services or as a consumer reporting agency. That’s defined by the Fair Credit Reporting Act ("FCRA"), and the FCRA makes a lot of rules for those types of services. So, be aware that the information Publicseek provides cannot be used as a factor in the following situations: deciding a person’s eligibility for credit or insurance; in connection with a business transaction; for employment purposes; for educational admission or benefits or for tenant screening. Moreover, Publicseek doesn’t make any representation or warranty as to the credit worthiness or standing, general reputation, or personal characteristics of people. We can’t guarantee the information that Publicseek provides is accurate or fair. We simply show you what’s out there!
We may change some things in the Terms once in a while. We can do so at our discretion. If any changes are made, we’ll update the date at the top of the page. Make sure you stay updated, because continuing to use Publicseek means that you acknowledge and accept any such changes.
Publicseek is a database of publicly available sources of information that we aggregate for your convenience. The text, images, graphics, user interfaces, video, audio, logos, artwork, software, designs, and other materials posted or made available through our website (let’s call it all "Content") is gathered and displayed by us and other third-party content providers. We grant you a non-exclusive, non-transferable, revocable, and limited license to access and use our website, services, and Content according to these Terms. We may terminate this license at any time for any reason.
Like we mentioned, Publicseek is NOT a consumer reporting agency. You agree not to use our services or the information we provide for any purpose prohibited by the FCRA. This includes:
There are some other things you’re not allowed to do while you’re here. As a condition to using the Site, you agree to NOT:
We allow users access the Site as it may be available at any given time, and have no other obligations besides those expressly stated in these Terms. You are solely responsible for your use of the Site and any information obtained from it. We reserve the right, but aren’t obligated to:
Publicseek owns (or is licensed) the proprietary rights to all Content—for example, the background checks and any rights in the design and layout of the Content. These proprietary rights are protected under applicable law (including copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms or with our written consent, users are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of Publicseek or with respect to any of the Content. The Publicseek name and logo are registered trademarks of ours, as well as all custom graphics, icons, and service names.
We reserve any and all rights not explicitly granted in these Terms. By using the Site, users do not acquire any ownership rights to the Site, Member Services, Content or any other information obtained from the Site.
When users purchase a subscription to a Publicseek membership, Publicseek grants them a limited license to use the Services and any data contained within. This limited license is subject to the following restrictions and limitations:
To become a member, users must submit a complete and accurate online application (the "Application") agreeing to these Terms and Conditions. Membership enables users to conduct Publicseek background checks. If user’s Application is granted, the following provisions apply for use of the Member Services:
To become a Member, User must be at least 18 years old. User must also have the necessary equipment and internet connection to access the Member services. Publicseek will notify Users of an Application’s acceptance or rejection. If any of User’s information changes from the information that User provided at the time of Application, User must immediately notify Publicseek of these changes. Publicseek may reject User’s Application and/or terminate User’s Account at any time for any reason in its sole discretion.
Users may be required to register for a username and/or password prior to obtaining acess to Member Services. Users acknowledge and agree that (a) they are responsible for maintaining the security and confidentiality of their username and password, (b) user will not use any other Member’s username and password to access that Member’s Account, (c) user will not permit others to access their Account, and (d) users will not sell, trade, or otherwise share their Account username and password with others. If Users violate these provisions, they are responsible for any actions that occur through their Account.
Publicseek reserves the right, in its sole discretion, to terminate User’s Account with or without cause. Users, in their sole discretion, may terminate their Account upon 48 business hours prior written notice to Publicseek. When an Account is terminated, expired, restricted, or suspended:
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
If users want to use the Member Services or purchase any product or service through the Site, the applicable fees and billing arrangement, including recurring charges, will be stated prior to the purchase. In addition to those fees, users are responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with users’ use of the Member Services.
Failing to use the Member Services does not mean you can refuse to pay the associated fees. Upon prior written notice to users, Publicseek reserves the right to change its pricing or billing practices. By not terminating users account within seven (7) days after receiving such notice, users agree to comply with and be bound by the new practices. Users will remain responsible for timely payment of any and all fees that have already incurred, including applicable late fees, until proper termination of the user account.
If users do not make their payment, overdue amounts may be subject to interest charges of either 1.5% per month, compounded monthly, or the maximum amount permitted by law—whichever is less.
If you feel like a purchase was made erroneously or fraudulently, contact customer support ASAP for assistance.
Whatever you do here is your responsibility.
Users agree to indemnify and hold Publicseek, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers—and each of their directors, employees, and other important related people—harmless from and against any and all liabilities, claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands, and judgments made by any third party, including but not limited to Search Subjects, arising from or related to: (a) usage of the Site or any Content obtained through the Site; (b) users’ failure to comply with these Terms; (c) any claim that Publicseek is obligated to pay any taxes in connection with users’ use of the Site. The provisions of this paragraph are for the benefit of Publicseek, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their directors, employees, members, agents, suppliers, contractors, and other partners. Each of these individuals and entities has the right to enforce these provisions directly against users on his, her, or its own behalf.
This section is to explain that Publicseek provides its Services "as is" and without any kind of warranty. We can’t promise that it will satisfy all your background-checking hopes and dreams.
This is important, so we’ll say it the old-fashioned way too:
THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PUBLICSEEK CHECKS, MEMBER SERVICES, AND ANY OTHER PUBLICSEEK PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PUBLICSEEK AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PUBLICSEEK CHECKS, MEMBER SERVICES, OR ANY OTHER PUBLICSEEK PRODUCTS OR SERVICES: (a) WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE PUBLICSEEK; (b) WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE, OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; (c) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR (e) WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PUBLICSEEK CHECKS, MEMBER SERVICES AND ANY OTHER PUBLICSEEK PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. PUBLICSEEK AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUBLICSEEK, ANY MEMBERS, THIRD-PARTY PROVIDERS, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND PUBLICSEEK DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PUBLICSEEK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PUBLICSEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PUBLICSEEK CHECKS, MEMBER SERVICES, OR ANY OTHER PUBLICSEEK PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY PUBLICSEEK PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY PUBLICSEEK; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER PUBLICSEEK PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.
YOU HEREBY RELEASE PUBLICSEEK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PUBLICSEEK CHECKS, MEMBER SERVICES, OR ANY OTHER PUBLICSEEK PRODUCT OR SERVICE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PUBLICSEEK. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third-parties are entitled to use Publicseek’s name and logo on their websites. Publicseek does not control the information, products, or services available on or through these third-party websites. The inclusion on the Site of a third-party link does not imply endorsement by Publicseek of the applicable website or any association with the website’s operators. Because Publicseek has no control over such websites, users agree that Publicseek is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites’ policies and terms. If Users click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between users and the applicable advertiser or other third party, and users agree that Publicseek shall not be responsible or liable, directly or indirectly, for any loss or damage users suffer through users dealings with or based on users reliance on any material made available by such advertisers.
Any dispute regarding this Agreement or the termination thereof, or any act, which allegedly has or would violate any provision of this Agreement ("Arbitrable Dispute") will be settled by binding arbitration in Suffolk County, New York before an experienced arbitrator or private judge selected from a list supplied by JAMS (Judicial Arbitration Mediation Services) and shall be conducted in accordance with the Federal Rules of Civil Procedure, the substantive law of the state in which the claim arose, and JAMS Consumer Arbitration Rules, in effect when the dispute is submitted to arbitration, or other rules mutually agreed upon in writing by the Parties, as the exclusive means of resolving such claim or dispute.
Excluded from arbitration, however, are any claims for declaratory or injunctive relief asserted under the Agreement or applicable law, and any other claims or disputes to the extent their adjudication is held by a court to be necessary to such declaratory or injunctive relief, in which case such claims shall be governed by the laws of the state in which the claim arose, and shall be brought in any court of competent jurisdiction in Suffolk County, New York. To the extent there is a dispute concerning the enforceability of this provision, such dispute shall be resolved by the arbitrator, to the extent permitted by law, or otherwise, in accordance with the Federal Arbitration Act respecting contractual arbitration. The Arbitrator shall have the authority to award the prevailing party attorney fees and costs. The parties expressly waive the right to a jury trial, and agree that the arbitrator’s award shall be final and binding on both parties, subject to any appeal rights provided by law.
The parties also agree to arbitrate in each of their respective individual capacities only, not as a representative or member of a class, and each of the parties expressly waives any right to file a class action or seek relief on a class basis.
User agrees that any breach or threatened breach of these Terms or any unauthorized or unlawful use of the Member Services or Publicseek Checks would result in irreparable injury to Publicseek for which monetary damages would be inadequate. In such event, Publicseek shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms shall be construed to limit any legal or equitable remedies available to Publicseek.
If any information or material that appears on the Site contains any representation, term, or condition that is in conflict or inconsistent with these Terms, these Terms shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed representative of Publicseek.
Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms on account of either party’s delay or failure to perform as required under these Terms as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to storms; earthquakes; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies; acts of terrorism; riots; wars; strikes; zombie apocalypses) and (b) the party is unable to overcome through the exercise of commercially reasonable diligence. If any such event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.
If any provision of these Terms is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms shall remain in full force and effect.
Publicseek’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of Publicseek’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of Publicseek.
Publicseek reserves the right to restrict, suspend, or terminate users Account or access to the Site if we determine, in our sole and absolute discretion, that users have violated these Terms.
These Terms will be binding on, inure to the benefit of, and be enforceable by Publicseek’s successors and assigns. User is not permitted to transfer, assign, or delegate any rights or obligations pursuant to these Terms unless contained in a signed writing by a duly appointed officer of Publicseek, and Publicseek reserves the right to immediately terminate users use of the Site and Member Services if users attempt to do so.
Nothing in these Terms creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Publicseek and users or any other party. You have no authority to make or accept any offers or representations on behalf of Publicseek.
Publicseek may provide legal and other notices to users, in Publicseek’s sole discretion, by (a) posting such notices or links to such notices on the Site, or (b) sending a notice by e-mail, postal mail, overnight courier, or facsimile to any contact address or number that users have provided to Publicseek. If users wish to provide notice to Publicseek, users shall send such notice, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: Publicseek, 80 Broad Street<br>5th Floor #238<br>New York, NY 10004 USA. Notices users send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of Publicseek.
Our "Contact Us" page contains information that allows users to contact us directly with any questions or comments that users may have. We endeavor to review and reply promptly to each comment sent to us. If users have any questions about these Terms or the practices of Publicseek, or if users would like to register a complaint, notify Publicseek of a dispute, notify Publicseek of inaccurate or misleading information, or notify us of improper use of the Publicseek Checks, please feel free to contact us by telephone: 1-888-366-6565, email: email@example.com, or mail:
Data Hub Inc.
80 Broad Street
5th Floor #238
New York, NY 10004 USA