Agreement prior to any use of the US Data Co Ltd Sites.
IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing,
or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These
Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes
your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must
exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You may use and access the Sites only in
accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites. You affirm that
you have read this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Sites and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Sites.
- Media and News
We provide media and news coverage specific to local and national arrest information and crimes. It is our mission to bring you the latest news and video
about crime, the law, and the courts. Booking photos and arrest information are PUBLIC RECORDS which are available from courts and law enforcement agencies under
the Freedom of Information Act. All content is provided without malice. The Sites offer online News and Local Media services that may be deemed graphic in nature
and which may contain crime scene photos, adult language, and descriptions of explicit criminal activity. While all best efforts are made to provide the most accurate
information and news stories, we do not guaranty the accuracy of the information as it was collected and maintained by government agencies. You acknowledge that you
are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
As a Media and News organization US Data Co Ltd seeks to ensure the full extent of the guarantee of the First Amendment, including the Freedom of Information Act.
fullest legal capacity as well as the Freedom of Information Act and the rights provided within or you are NOT permitted to use this site or Sites owned by US Data Co Ltd.
Booking photos and arrest information are public records which are available from courts and law enforcement agencies under the Freedom of Information Act and Texas
Public Information Act. [BustedMugshots.com strives to make all information as accurate as possible to the best of our knowledge.] All articles are written without malice.
All suspects appearing in BustedMugshots.com are innocent until proven guilty in a court of law. All information and photos presented in BustedMugShots.com are obtained
from public documents and other public sources including police affidavits and court documents.
You will not use any of the information on the Sites in whole or in part to determine whether a person is eligible for employment, insurance, credit, housing, license or
other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act.
- Third Party Contributions
Advertisements which appear in BustedMugshots.com are solely the product of the advertiser and do not reflect the opinions of US Data Co Ltd. US Data Co Ltd does not investigate
the claims or accuracy of advertisers' statements or content. Readers should perform their own research and due diligence on the claims and statements of advertisers
and contact the Better Business Bureau if there are any doubts or concerns over advertisers' claims and statements. US Data Co Ltd shall not be held liable for any of the
content of any advertisements.
The Sites may offer online entertainment applications or services powered by and or through third parties providing entertainment services that may be deemed graphic in
nature and which may also contain, adult language, and descriptions of explicit criminal activity. You acknowledge that you are aware of the nature of the
content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions,
and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission. We reserve the right, but
disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any US Data Co Ltd Site that violates these Terms
of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe
in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order
protect the safety or security of any person or property, including any US Data Co Ltd Site. Moreover, we retain all rights to remove Submissions at any time for
any reason or no reason whatsoever.
- Your Conduct When Using US Data Co Ltd Sites and Commenting on the US Data Co Ltd Sites:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services.
might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
You may not post or transmit Content (even if made in a joking, sarcastic or unintended manner) that:
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia,
racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights (including, but not limited to, intellectual property rights,
rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity);
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses;
contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission
or those of any minor (regardless of whether You have consent from the minor or his or her legal guardian);
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable agreements
between US Data Co and You) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas
of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
engages in commercial activities and/or sales without US Data Co's prior written consent such as contests, sweepstakes, barter, advertising
written consent" means a communication coming from US Data Co's legal department, specifically in response to your request, and specifically
addressing the activity or conduct for which You seek authorization;
solicits gambling or engages in any gambling activity which US Data Co, in its sole discretion, believes is or could be construed as being illegal;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
interferes with another user's use and enjoyment of the Sites or any other individual's use and enjoyment of similar services; or
refers to any website or URL that, in the sole discretion of US Data Co, contains material that is inappropriate for the Sites, contains
You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites,
including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of
the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
You may not include in your member profile your last name, social security numbers, telephone numbers or street addresses. You (or your parent/legal
guardian if You are a minor) must be the email account holder for any email addresses that You list in your account information or subsequently
provide in connection with the Sites.
You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not
limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users
person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order
to protect our users from such advertising or solicitation, US Data Co reserves the right to restrict the number of messages or emails which a user may send
to other users in any 24-hour period to a number which US Data Co deems appropriate in its sole discretion.
You understand that US Data Co has the right at all times to disclose any information (including the identity of the persons providing information or
materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure
of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court
order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other
government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those that may involve personal injury.
US Data Co reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. US Data Co shall have the right to remove
or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms
of Use. Notwithstanding these rights of US Data Co, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES
AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of US Data Co. In no
event shall US Data Co assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Sites. You hereby represent and warrant that You have all necessary rights in and to all Content You
provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any
libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely
between You and such advertiser. US Data Co shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Sites.
It is possible that other users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Sites and
that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about
You due to your use of the Sites, and that the recipient may use such information to harass or injure You. US Data Co does not approve of such unauthorized
uses but by using the Sites You acknowledge and agree that US Data Co is not responsible for the use of any personal information that You publicly disclose
or share with others on the Sites. Please carefully select the type of information that You publicly disclose or share with others on the Sites.
- Protected Speech
- You further acknowledge that the Sites contain only images and articles protected by the First Amendment to the United States Constitution.
- Trademark Information
BustedMugshots.com, Busted! In Austin, are service marks of US Data Co Ltd, (US Data Co Ltd) in the United States. All rights are reserved. Other manufacturers'
product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. US Data Co Ltd
marks may not be used publicly except with express written permission from US Data Co Ltd, and may not be used in any manner that is likely to cause confusion among consumers, or in
any manner that disparages or discredits US Data Co Ltd.
The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by US Data Co Ltd (collectively, "Materials") is
the proprietary information and valuable intellectual property of US Data Co Ltd or the party that provided the Materials to US Data Co Ltd, and US Data Co Ltd or the party that provided the
Materials to US Data Co Ltd retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent of US Data Co Ltd, except that you may print out a copy of the Materials solely for your personal use. In doing so, you
may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any
of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates US Data Co Ltd' intellectual property rights. Neither title
nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips,
music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of US Data Co Ltd or its content suppliers
and is protected by United States and international copyright laws. The compilation of all content on each Site is the exclusive property of US Data Co Ltd or its content suppliers
and protected by United States and international copyright laws, as well as other laws and regulations.
- Access to Sites
To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your
use of these Sites that all information you provide will be correct, current, and complete. If US Data Co Ltd believes the information you provide is not correct, current, or
complete, US Data Co Ltd has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms
and Conditions and in consideration of your becoming a member to a Site, US Data Co Ltd hereby grants you a limited, nonexclusive, nontransferable personal license to access the
Sites and the Materials contained therein. Subject to Section IX, provided that you are a member in good standing to a Site, you may cache the Materials onto a single
computer for your personal, non-commercial internal use only. All Materials on the Sites shall be for private use only, and all other uses are strictly prohibited. You
agree to prevent any unauthorized copying of any of the Sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained
therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators
of this limited license may be prosecuted to the fullest extent under law.
- Restrictions on Use of Sites
You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose or any purpose described in Section VIII. B below, without US Data Co Ltd's express prior written consent. Without the express prior written authorization of US Data Co Ltd, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other "hidden text" using US Data Co Ltd's name or marks; (h) "deep-link" to any page of any of the Sites (excluding the homepages), or "inline link" to any content of the Sites; (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of any of the Sites); (j) use any data mining, robots or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; or (m) bookmark any page of any Site beyond the membership log-in screen. You agree to cooperate with US Data Co Ltd in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and the Sites shall terminate all your rights under this Agreement. If users are allowed to share information and communicate with other users, you agree that all materials you submit will be accessible to other users and will not be secure or private. You hereby agree that you have been noticed that all communications submitted to the Sites can be accessed by agents, operators, and other users, regardless if they are the intended recipients of the messages.
You understand and acknowledge that US Data Co Ltd is not a consumer reporting agency under the Fair Credit Reporting Act. As a condition to using the Sites, you agree not to use any information from Sites in whole or in part to determine whether a person is eligible for employment, insurance, credit, housing, license or other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act.
US Data Co Ltd may terminate your access to a Site at any time, with or without advance notice, if: (a) US Data Co Ltd believes that you have breached any material term of these Terms and
Conditions (including, but not limited to, the use of the Sites for the purpose of determining a persons eligibility for employment, insurance, credit, housing, license or
other benefit granted by any governmental entity or any other purpose covered under the Fair Credit Reporting Act), (b) if you fail to pay any amount due by the payment due
date; or (c) US Data Co Ltd decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither US Data Co Ltd nor any third party acting on our
behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by US Data Co Ltd, you will not
attempt to re-register as a member without prior written consent from US Data Co Ltd.
- Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT. US Data Co Ltd MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
US Data Co Ltd MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND THAT US Data Co Ltd CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER
CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. US Data Co Ltd DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. US Data Co Ltd MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL US Data Co Ltd (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER
THIRD PARTY FOR ANY DIRECT, SPEUS Data CoL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF US Data Co Ltd HAS BEEN
ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT OR OTHERWISE, EVEN IF US Data Co Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL US Data Co Ltd'S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER
FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE
OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
You agree to defend, indemnify, and hold harmless US Data Co Ltd, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all
claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting
or allegedly resulting from your use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. You
agree that US Data Co Ltd retains the right to use the attorneys, accountants, and other professional consultants of its choice. US Data Co Ltd shall promptly notify you by electronic mail of
any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. US Data Co Ltd may participate in the defense of such claim or defense at its own
expense, and choose its own legal counsel, but is not obligated to do so.
Some web sites which are linked to the Sites are owned and operated by third parties. Because US Data Co Ltd has no control over such sites and resources, you acknowledge and
agree that US Data Co Ltd is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for
any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that US Data Co Ltd shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and
subject to any terms and conditions and privacy policies posted therein.
- Export Control
You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of the U.S. Government, including the
U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to U.S. law
is prohibited. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license
or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations.
You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries
or their nationals or be used for proscribed activities.
- Force Majeure
US Data Co Ltd shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to:
acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority,
or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services
infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay US Data Co Ltd's performance.
- General Provisions
- Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of
Texas, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is
specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts
of the State of Texas. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located
in Travis County, Texas.
- Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and
that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available
at law or in equity.
- Binding Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to
attempt to resolve the dispute. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal,
state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law and unemployment insurance claims. If the parties are
unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Travis County, Texas,
and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration,
including the arbitrator's fees. Each party shall bear its own attorneys' fees (except if the matter is for the collection of a debt owed in which case the prevailing
party shall be awarded its attorneys fees, all arbitration costs and the arbitrator fees (if applicable), in addition to all other applicable remedies). The arbitrator
shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions;
and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision
within thirty (30) days of the conclusion of the arbitration proceeding. This Section shall not apply to any breach (or any allegation which if true would constitute a
breach) of any matter relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators,
as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in
part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable,
that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
- Attorney's Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney's fees, including attorney's fees incurred on
appeal, and attorney's fees incurred during collection of a judgment.
- No Waiver
No waiver of US Data Co Ltd shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision
hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
- Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials
contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties' rights and
responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will
be binding unless in writing and signed by a duly authorized representative of both parties.
US Data Co Ltd reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site.
Your continued use of a Site following US Data Co Ltd' posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. US Data Co
Ltd does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by US Data Co Ltd in
writing, these Terms and Conditions may not be amended by you.
- Other Jurisdictions
US Data Co Ltd makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and
access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations
do so on their own initiative and are solely responsible for compliance with all applicable local laws.
- Sex Offender Data
This website is not intended for use by anybody under the age of 13 years old or any registered sex offenders, and registered sex offenders are expressly forbidden from entering this website to the same extent as prohibited by state law with regard to accessing registered sex offender information of any kind. Anyone who uses any information on this website to injure, harass, or for any other unlawful purpose may be subject to criminal prosecution or civil liability.
The information displayed via the website is provided for informational purposes only and is susceptible to errors. All information on individual registrants is based on registration information submitted by various local criminal justice agencies. US Data Co cannot guarantee the records obtained through this site relate to the person about whom information is sought. The owners and operators of this website as well as all directors, officers, employees, agents, and affiliates of US Data Co shall not be held responsible for any errors or omissions in this website or produced by any secondary dissemination of this information. The information is provided strictly as a courtesy to the public.
All information provided through this website is open record. It is your responsibility to make sure the records you access through this site pertain to the person about whom you are seeking information. Searches based on names, dates of birth, or other alphanumeric identifiers are not always accurate and may lead to mistaken identity. Neither you, nor any other person, should rely on the data provided herein for any reason. Extreme care should be exercised in using any information obtained from this website.
Disclosure, registration and criminal laws vary from state to state. Information displayed on a US Data Co website is, at all times, limited by the accessibility of information that is available or collected from individuals and agencies who are in compliance with individual state laws which may vary from state to state. Various laws mandate the following information regarding the offender not be public record, including social security number, driver's license number, telephone number, online identifiers, and any additional information required for law enforcement purposes. You hereby acknowledge that you have reviewed the applicable state laws or assume full responsibility for not reviewing such state laws. No warranty, representation, or guarantee whatsoever is made or implied regarding the content, accuracy, timeliness, completeness, or sequence of any of the information contained in this or other US Data Co websites.
Due to judicial orders and legal restrictions, not all offenders are available on the public access sex offender database.