Home » Terms and Conditions for Hpcc-Usa.org

Hpcc-Usa.org - Terms of Service

Last Updated: 03/10/2016

Welcome to Hpcc-Usa.org (hereinafter “Website” and/or "Company"). All users of the Website are subject to the terms contained within this Terms of Use (“Agreement”).

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

COMPANY RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT COMPANY REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT.

Public Information and Website Content

Website sources its data from open records of publicly available data across the USA, including official census data, local phone books, property transfer records, newspaper records, and other commercially available records sources that are considered to be "Public Information". We do not independently verify the accuracy of each and every listing that is displayed on our website. Therefore, Website cannot make guarantees as to the accuracy or legitimacy of any information that is displayed herein.

Please note this Public Information is openly displayed on Website and can be viewed by other visitors.

The Type of Information Displayed on Website

Because Website is a phone book directory, the type of personal information that is displayed includes the following:

• First and Last Names

• Street Addresses

• Phone Numbers (if known)

• Driving Directions

• General city-specific demographic information (such as a city’s crime rate, employment rate, etc)

Website does not own or display any other type of personal information.

Terms of Use

1. User Warranties

By using the Website, you warrant that you are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.

You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

2. Limited License

You acknowledge and agree that the Website is the property of, or is licensed by, Company and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Company reserves all of its rights not expressly granted through this Agreement.

Company provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Company. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Company robots.txt file.

This license is revocable at any time, and any rights not expressly granted herein are reserved to Company.

3. Acceptable Use Policy

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, including stored information provided through the website’s search function and database, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.

4. Privacy Policy

Company hereby incorporates its Privacy Policy by reference as if fully restated herein.

Residents of the state of California have certain privacy laws that are unique to their state. Website will process all requests for profile deletion in accordance with such laws. To view Website’s policy regarding California privacy rights, Click Here.

5. Accuracy of Information

Company does not guarantee the content displayed on the Website is accurate or updated in real time. If you have a question about the accuracy of content, or any other question or comment related to content on the Website, please use the contact form here.

6. Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Company, are common law or registered trademarks owned by or licensed to Company. You are expressly prohibited from using the trademarks of Company to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Company in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

7. Copyright Policy

The Website is copyright 2016 Company. Company will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Company’s designated copyright agent pursuant to 17 U.S.C. § 512.

All notices of copyright infringement must contain the following:

a. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;

b. Specific identification of the copyrighted works alleged to have been infringed;

c. The location of the copyrighted works on the Company Website;

d. The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;

e. A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and

f. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.

Upon receipt of a notice of infringement, Company will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

g. Identification of the specific materials that have been removed from the Website;

h. The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;

i. A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;

j. A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;

k. A statement that the notifying person(s) or entity will accept service of process from the notified party; and

l. The notifying person’s(s) or entity’s physical or electronic signature.

All notices of infringement and counter-notifications may be sent to [email protected]

8. Third Party Links

You acknowledge and agree that the Website may contain links to third party websites or content that Company does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that Company will not be responsible for websites not under the ownership or control of Company. Company specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.

You acknowledge and agree any People Search data displayed on the Website is not owned or controlled by Company.

9. Fair Credit Reporting Act (FRCA) Notice

United States Federal law, 15 USC § 1681 et seq, includes provisions governing the collection, dissemination, and use of consumer information by “Credit Reporting Agencies” (CRAs). CRAs are entities that collect such information about consumers to be used for credit evaluations that can be used for specific purposes, including employment. CRAs are subject to a number of rules and regulations.

COMPANY IS NOT A CRA AND IS NOT SUBJECT TO THE FRCA. YOU AGREE NOT TO USE THE WEBSITE IN CONNECTION WITH ANY ACTIVITY GOVERNED BY THE FRCA INCLUDING, BUT NOT LIMITED TO, HEALTH EVALUATIONS, CREDIT PERFORMANCE AND/OR REVIEW, EMPLOYMENT, HOUSING, OR ANY OTHER APPLICATION FOR BENEFITS OF ANY KIND. YOU ARE NOT PERMITTED TO USE THIS WEBSITE TO TAKE ANY ADVERSE ACTION AS DEFINED BY THE FRCA.

If you have any doubt as to whether your use of the Website implicates any provision of the FRCA, you should assume it does and that such use is not permitted. If you have any questions, you should consult with an attorney.

10. Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Company terminates your access to the Website; or (ii) you cease using the Website. Company reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

11. Opt-Out/Removal Clause

If your information is displayed on our website, and you'd like to request to have it removed, you must complete the Listing Removal Request Form

You must complete ALL portions of this form according to the exact directions on the form to ensure that the Website receives the proper information about your listing. Once your request is received, please allow up to 48 hours for your request to be processed assuming that you have submitted the information properly.

NOTE: After your profile is deleted from Website, it will remain permanently deleted.

Also, please understand that certain content may be indexed by search engines and removal of that content is outside of Company’s control.

12. FTC Statement and Advertising Compensation

Website may earn compensation through pay per click ads, such as Google Adsense and/or affiliate marketing and lead generation services. Website may also earn compensation from phone number look-up/public records display advertisers.

By clicking on any advertisement banner or link, you may be redirected to a different website. Website is not officially associated with these entities, and does not guarantee the quality of the services that they offer.

13. Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1,000, WHICHEVER IS LESS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Company will not provide you with the ability to control Company’ defense, and Company reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

15. Arbitration

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS' FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN MERCER COUNTY, NEW JERSEY AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN MERCER COUNTY NEW JERSEY FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN MERCER COUNTY NEW JERSEY. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF NEW JERSEY AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.

16. Force Majeure

Company will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Company’ control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

17. Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Company.

18. Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

19. Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

20. Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Company reserves the right to assign its rights and duties under this Agreement, including in a sale of Company or its Website.

21. Waiver

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.

22. Integration

This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

Last Updated: 03/10/2016