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Customer agrees that if www.HowToInvestigate.com determines or reasonably suspects that Customer is reselling or brokering the ?www.HowToInvestigate.com Services' programs or computer applications, or otherwise violating any of the laws or regulations described in these terms and conditions, www.HowToInvestigate.com may immediately terminate the delivery of, and the license to use, the ?www.HowToInvestigate.com PERFORMANCE. www.HowToInvestigate.com will use reasonable efforts to deliver www.HowToInvestigate.com Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the? www.HowToInvestigate.com Services; provided, however, that the Customer accepts all information "AS IS."? 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Customer shall pay to ?www.HowToInvestigate.com fees in accordance with the prices as updated from time to time through online announcements, customer bulletins, and published price schedules. www.HowToInvestigate.com is not responsible for ensuring delivery of such updates, changes, additions, or deletions to any of its policies that may occur from time to time, and it is the Customer's responsibility to check www.HowToInvestigate.com Website and/or publications for such notifications. All current and future ?www.HowToInvestigate.com pricing documents are deemed incorporated herein by reference. INTELLECTUAL PROPERTY.? Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the ?www.HowToInvestigate.com Services' programs or computer applications.? Customer acknowledges that ?www.HowToInvestigate.com (and/or ?www.HowToInvestigate.com's third-party data providers) shall retain all right, title, and interest in and to the data and information provided by the ?www.HowToInvestigate.com Services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent with ?www.HowToInvestigate.com's interests and notify ?www.HowToInvestigate.com of any threatened or actual infringement of ?www.HowToInvestigate.com's rights. PAYMENT OF FEES.? Customer shall be responsible for payment for all services obtained through Customer's access identification code, whether or not such code is used by Customer or a third party, whether with or without Customer's consent, provided access to Customer's access identification code is not the result of use by a person formerly or presently employed by ?www.HowToInvestigate.com or who obtains the code by or through a break-in or unauthorized access of ?www.HowToInvestigate.com's offices, premises, records or documents, or computer system.? Customer agrees that at all times during the term of this Application and Agreement it shall keep all passwords for use of ?www.HowToInvestigate.com Services confidential and shall provide such passwords only to individuals that have a need to know.? Customer shall pay ?www.HowToInvestigate.com for all charges incurred for the use of the ?www.HowToInvestigate.com Services on a prepaid or monthly basis, and Customer agrees to be electronically charged for these search fees.? At Customer's request, paper invoices can be mailed via the United States Postal Service at a cost of Ten Dollars ($10) per month, which will be included in Customer's monthly invoice as an additional itemized charge.? All payments are due within 20 days of the date of any invoice for the ?www.HowToInvestigate.com Services.? Customer understands that it will be notified via electronic mail regarding all unpaid balances due.? Customer shall pay interest at the rate of eighteen percent (18%) per annum from the date due on any charges not paid by the payment due date. All remittances shall be sent to ?www.HowToInvestigate.com, PO Box 81 Groveport, Ohio 43125-0081. ?www.HowToInvestigate.com reserves the right to terminate this Application and Agreement and the right of Customer to use any information provided hereunder with prior notice to Customer upon any non-payment of fees by the date due. TERM OF AGREEMENT.? This Application and Agreement is for services rendered and shall be in full force and effect during such periods of time during which ?www.HowToInvestigate.com is providing services for Customer.? Customer agrees that if it is found to be in violation of any specifications of this Application and Agreement, ?www.HowToInvestigate.com has the right to terminate Customer's access to the ?www.HowToInvestigate.com Services. ?GOVERNING LAW.? The Terms and Conditions of Customer's use of the ?www.HowToInvestigate.com Services shall be governed by and construed in accordance with the laws of the State of Ohio, without effect to conflict of law principles.? Additionally, any action brought pursuant to Customer's use of the ?www.HowToInvestigate.com Services or pursuant to the terms and conditions of this Application and Agreement shall be brought within the jurisdiction of the courts of Franklin County, Ohio. ASSIGNMENT. The license granted pursuant to this Application and Agreement to Customer to use the ?www.HowToInvestigate.com Services may not be assigned by Customer, in whole or in part, without the prior written consent of ?www.HowToInvestigate.com. WARRANTIES/LIMITATION OF LIABILITY.? Neither ?www.HowToInvestigate.com nor any third-party data provider (for purposes of indemnification, warranties, and limitations on liability, ?www.HowToInvestigate.com and its data providers are hereby collectively referred to as ' ?www.HowToInvestigate.com') shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided ?www.HowToInvestigate.com service-related data) for any loss or injury arising out of or caused in whole or in part by ?www.HowToInvestigate.com's acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the ?www.HowToInvestigate.com Services.? 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In no event shall ?www.HowToInvestigate.com be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof. INDEMNIFICATION.? Customer hereby agrees to protect, indemnify, defend, and hold harmless ?www.HowToInvestigate.com from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through ?www.HowToInvestigate.com.? ?www.HowToInvestigate.com hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys' fees and costs) arising from or in any way related to a breach by ?www.HowToInvestigate.com of the warranty made by ?www.HowToInvestigate.com regarding authorized provision of the data in Section 9 hereof. SURVIVAL OF AGREEMENT.? Provisions hereof related to release of claims, indemnification, use of information and data, payment for ?www.HowToInvestigate.com Services, and disclaimer of warranties shall survive any termination of the license to use the ?www.HowToInvestigate.com Services. AUDIT.? Customer understands and agrees that in order to ensure compliance with the GLB, the DPPA, and other similar laws, ?www.HowToInvestigate.com will conduct periodic reviews of Customer activity and may, on a random basis, contact Customer to provide documentation of executed searches. ?www.HowToInvestigate.com shall also investigate all legitimate reports of abuse or misuse of ?www.HowToInvestigate.com Services by Customer or others. Customer agrees to cooperate fully with any and all investigations. Violations discovered in any review by ?www.HowToInvestigate.com will be subject to immediate action including, but not limited to, termination of the license to use ?www.HowToInvestigate.com Services, legal action, and/or referral to federal or state regulatory agencies. ATTORNEYS FEES.? The prevailing party in any action, claim or law suit brought pursuant to this Application and Agreement is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or lawsuit. ?CUSTOMER CHANGE.? 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By receipt of the ?www.HowToInvestigate.com Services, Customer agrees to, and shall comply with, changes to the Restricted License and changes in pricing as ?www.HowToInvestigate.com shall make from time to time by notice to Customer via e-mail online click wrap amendments, facsimile, mail, or other written notification.? All e-mail notifications shall be sent to the individual named in the Account Contact Information section, unless stated otherwise in this Application. The information submitted on this Application and Agreement will be used to determine eligibility for accessing information provided by Investigative Professionals, herein referred to as ?www.HowToInvestigate.com. We reserve the right to reject this Application and Agreement without reason or for any reason whatsoever, without recourse against ?www.HowToInvestigate.com or any of its employees, officers, directors, agents, affiliates, or other designees.? 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