NOTICE TO ALL USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
The following software and subscription services are being provided to you by PadHawk Inc. ("PadHawk"). As such, by agreeing to access such software and services, the end user ("Client") hereby agrees to abide by the terms and conditions outlined below vis a vis Client and PadHawk in addition to any terms and conditions agreed to by and between PadHawk and Client pursuant to a previously entered into Student Purchase Agreement ("Agreement").
Client understands that Client will be billed a monthly subscription fee as outlined in the signup process along with any upgrades, enhancements, or fee based services that Client may agree to within the Service or from the order page on PadHawk's website, or that of its affiliates, until Client cancels Client's subscription. Client may cancel at any time by contacting customer support at 866-337-2923.
Client represents, warrants, affirms and agrees that the data, information and services provided by PadHawk to Client will only be used by Client and that Client will not permit or allow the data, information and services to be used by any agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity unless Client has the appropriate subscription allowing such expanded use. Client further represents, warrants, affirms and agrees that Client will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by PadHawk to Client in any medium, form, manner or format whatsoever, for any purpose including, but not limited to the following:
1. Use other than Client's own personal use, i.e. no commercial purpose or use, or use of Client's account by others is permitted;
2. Reproduction, reformatting, publication, distribution or dissemination associated with any service or product provided or made available to any third party;
3. Marketing or telemarketing uses;
4. World Wide Web, Internet or online uses;
5. Real estate valuation models, programs or systems;
6. Inclusion or in combination with any other service or product of any kind;
7. Extracting, selecting or drawing out any data element for any use;
8. Real estate appraisal;
9. Credit evaluation and/or supporting;
10. Evaluating risk, marketing sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
11. Debt collection; and
12. Marketing or sale of legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history unless Client has the appropriate subscription allowing such expanded use.
Terms of Subscription
The term of Client's subscription is one month, but automatically renews month-to-month unless terminated by Client or PadHawk.
PadHawk reserves the right to cancel subscription services and this license to Client at any time for any, or no reason whatsoever, without recourse to Client beyond a pro-rata refund of the monthly subscription/license fee paid by Client for the remaining days of the then current month of prepaid fees.
The Client may cancel the Client's subscriptions at any time. All fees due to PadHawk up to the end of the then-current monthly billing cycle at time of termination shall remain payable to PadHawk.
The Client may terminate contract any one of three ways:
1. By e-mailing a cancellation request to email@example.com prior to the next billing cycle date and providing Client's account number.
2. By contacting Customer Support at 866-337-2923 prior to next billing cycle date.
3. By mailing a cancellation request at least ten (10) days prior to the desired cancellation date to: PadHawk ATTN: Cancellations 26457 Rancho Parkway South, Lake Forest, CA 92630
Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Client's subscription.
Client affirms that all of the information Client provides to PadHawk, whether online or otherwise, is accurate and complete. Client also agrees to update PadHawk with current and accurate information, if at any time the information Client provided to PadHawk changes, PadHawk reserves its right to terminate or suspend access to PadHawk services to any Client whose information PadHawk believes, at PadHawk's sole discretion, to be inaccurate or misleading.
PadHawk may from time to time offer eligible Clients promotional opportunities. Not all Clients may be eligible to receive all promotional opportunities.
OTHER SERVICE PROVIDERS- NON-LIABILITY OF PADHAWK
From time to time PadHawk may include on its websites, software, or service, third-party service providers not associated with PadHawk, such as Skip Tracing Services, Ringless Voice Mails, E-Mail Services, and Direct Mail Services. PadHawk lists these services solely as an accommodation to its clients. PadHawk is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these third party service providers. It is the Client's responsibility, and PadHawk encourages this for all clients, to independently investigate the qualifications of each service provider and to carefully review each service provider's service offerings prior to entering into any engagement or transaction. Such services are offered on an "AS-IS" basis and are subject to the limitations and disclaimers of the third party providers, which are available from the providers upon request. PadHawk cannot and does not guarantee the outcome of the use of any such third party services.
PadHawk is not responsible or liable for any acts or omissions created or performed by these other Service Providers. PadHawk's websites, software, or service, may contain links to websites maintained by third-party Service Providers. Such links are provided for Client convenience and reference only.
PadHawk does not operate or control, in any respect, any information, software, products or services available on such websites. PadHawk 's inclusion of a link to such websites does not imply any endorsement, warranty, guarantee or recommendation of these websites, contents, products or services of the sponsoring organization.
Third-Party Content and Screening
PadHawk is a data aggregator of content supplied by third parties and Clients and as such does not have editorial control over the statements, or other content provided, expressed or implied by third parties. PadHawk reserves the right, but is not obligated, to screen and review any content provided to PadHawk and remove or edit any content, if it does not comply with laws, rules or regulations, or for any other reason PadHawk deems relevant.
Modification of PadHawk Services
PadHawk reserves the right to modify or discontinue any service, portion or attribute thereof, and the offering of any information with or without notice to any Client. PadHawk is not liable to any Client in the event that PadHawk exercises its right to modify or discontinue any service.
PAYMENT OF CHARGES
A. PadHawk currently charges a monthly subscription fee. The monthly subscription fee is calculated from the day of the month that the Client's paid Subscription commences. The Client authorizes PadHawk to, and the Client agrees that PadHawk may, charge to the Client's credit card, debit card or bank account, in advance, the Client's regular monthly Subscription fee for each month of the Client's regular monthly Subscription on a recurring basis. The Client authorizes PadHawk to, and the Client agrees that PadHawk may, modify and/or change the monthly Subscription fee charged to the Client upon thirty (30) days' notice to the Client sent by e-mail to Client's email of record on file with PadHawk. The monthly Subscription fee is non-refundable and accrues until canceled whether or not the Client accesses the databases.
B. On Time Payment
The Client is required to pay all charges on time and agrees to submit an accompanying payment authorization in connection with these charges when requested by PadHawk. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. PadHawk may terminate or disable the Client's participation in PadHawk services if the Client fails to pay fully and in a timely manner any and all amounts due to PadHawk. If the Client's credit card expires or is otherwise declined for payment, access to PadHawk services and websites can be modified or suspended without notice to the Client. PadHawk may, if necessary, extend the expiration of your credit card in order to assure continued service. If any Client payment is more than thirty (30) calendar days past due, a monthly late fee in the amount of 1.5% of the past due amount or the maximum allowable by law, whichever is less, shall accrue per month, and the entire amount of unpaid charges and/or any other outstanding balance (if any), plus this assessment, will become immediately due and payable. The Client shall pay all costs of collection, including legal fees, incurred by PadHawk. The Client is responsible for any premium charges incurred in connection with the use of information, content, goods, products or services that are provided at an extra cost. All fees are quoted and payable in United States Dollars. The Client is also responsible for paying all applicable taxes for information, content, goods, products or services and any other costs incurred in connection with the use of or access to PadHawk and PadHawk's services.
C. Payment Methods
The Client's complete billing address and telephone number must be provided to process payments. PadHawk accepts major credit cards including Visa, MasterCard, Discover, and American Express and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail. PadHawk may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
D. Account Discrepancies
A Client may contact PadHawk Customer Service by e-mail at firstname.lastname@example.org or telephone at 866-337-2923 concerning charges or other questions regarding the status of the Client's Account. However, if the Client's account questions are not satisfactorily resolved within fifteen (15) business days of Client's calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, the Client must write to the Customer Service Department, PadHawk, 26457 Rancho Parkway South Lake Forest, CA 92630, delivered by United States mail or by fax to 866-203-5201. Otherwise, any and all such Client complaints are irrevocably waived.
DISCLAIMERS AND LIMITATIONS
PadHawk attempts to ensure that the information contained in its service is accurate and reliable; however, errors sometimes occur. PadHawk does not guarantee the accuracy of the information contained in this service and instructs you to independently verify the accuracy of the information provided. In addition, PadHawk may make changes and improvements to the information provided herein at any time. THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED "AS IS." PADHAWK, ITS SUPPLIERS, PROFESSIONAL SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS AND OTHER SERVICE PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCT, GOOD AND/OR SERVICE PROVIDED THEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BY THE CLIENT'S USE OF PADHAWK 'S SERVICE, THE CLIENT AGREES AND ACKNOWLEDGES THAT THE CLIENT'S USE OF ALL PADHAWK INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES PROVIDED IN, BY OR THROUGH PADHAWK AND/OR ITS WEBSITES IS AT THE CLIENT'S OWN RISK. PADHAWK AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PADHAWK'S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER OR NOT THE CLIENT KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CLIENT, IF THE CLIENT RESIDES IN SUCH A JURISDICTION.
Choice of Law: