Ocenture, LLC ("Ocenture," "we," or "us")
6440 Southpoint Pkwy, Suite 300
Jacksonville, FL 32216
By registering with Ocenture, you become a registered user and a "Member", whereby Ocenture offers certain services to you, the Member, conditioned on your agreement to adhere to the following Terms of Service ("Terms of Service").
Member accepts these Terms of Service by registering as a Member and using Ocenture's website (the "Site") or the services, information, goods, content, or products made available through the Site (each a "Service" or, collectively, the "Services"). These Terms of Service are subject to change by Ocenture, in its sole discretion, at any time, without prior notice to you. Your continued access to or use of the Site or the Services after such changes have become effective constitutes your conclusive acceptance of the modified Terms of Service.
You understand that by enrolling in this program, you are providing "written instructions" to Ocenture, LLC. and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the products and/or services to you. You agree and hereby authorize Ocenture, LLC., its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against Ocenture, LLC. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize Ocenture, LLC. and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
While enrolling for the products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, Subscriber reporting agencies, payment validation companies, law enforcement agencies, or others.
Upon registration as a Member, you self select a username and password. It is your responsibility to maintain the confidentiality of that username and password, as you will be responsible for all activity transacted under that username and password through the Site. If you believe your username or password have been compromised, you should change them immediately via the Site.
The content of the Site, including without limitation, its "look and feel" (e.g., text, graphics, images, logos, and button icons), editorial content, data, information, notices, software (including HTML or XML-based computer programs) and other material (collectively, the "Content"), are protected under both United States and foreign copyright, trademark, and other laws. The Content belongs or is licensed to Ocenture. We hereby grant you the right to view and use the Site subject to these Terms of Service. You may download or print a copy of Content for internal use only. Permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
Member grants to Ocenture an unlimited, unrestricted, irrevocable, perpetual and royalty-free license to publish and display. in accordance with applicable law, all, part or a modified version of any information, data or other content that Member provides via the Site or any other Ocenture-controlled or sponsored website or Ocenture-controlled or sponsored publications and services ("Member Content"). Furthermore, any Member who posts Member Content on the Site or any Ocenture-controlled or sponsored website, hereby grants to Ocenture the right to distribute, by email or otherwise, all, part or a modified version of such Member Content to any third party, including any media Ocenture may deem advisable in its sole determination for marketing purposes.
The term of Member's access to the Site, Services and Content is based upon Member's express agreement and adherence to these Terms of Service and to Member's fully paid membership and other fees. Member's membership to the Site shall be for the initial term (e.g., daily, monthly, quarterly, semi-annually or annually) as may be agreed by Member and Ocenture through online registration, telephone order or otherwise, and shall automatically renew for indefinite successive renewal terms for the same period as the initial term or on a month to month basis, depending on agreed upon terms, unless terminated by Member or Ocenture in accordance with the provisions of these Terms of Service. However, if Member accepts a special or introductory promotional offer for a membership, then at the conclusion of the initial term specified in such special introductory promotional offer, the membership shall automatically renew and Member hereby authorizes Ocenture to charge Member's credit card or bank account in advance on a month-to-month basis for indefinite successive renewal terms at the then prevailing regular published monthly retail rate at the time of such renewal until terminated in accordance with the provisions of these Terms of Service.
Member acknowledges and agrees that NO refund, offset or credit will be given for any cancellation of a special introductory promotional offer membership or for subscription downgrades. If Member registers for a free Trial Membership, Member agrees to be enrolled into a pre-paid month-to-month membership at the end of the free trial period if Member has not canceled the Trial Membership prior to the expiration thereof.
Either Ocenture or Member may cancel Member's membership at any time for any reason (unless otherwise stated in an applicable promotional offer). In the event of termination by Member or by Ocenture, all fees due to Ocenture up to the end of the then-current term billing cycle at time of termination shall remain payable to Ocenture unless otherwise specifically stated in an applicable promotional offer.
Member may terminate membership by one of four ways that applies to their type of membership, as follows:
Ocenture reserves its right to terminate or suspend access to the Services and the Content to any Member whose information Ocenture believes, at Ocenture's sole discretion, to be inaccurate or misleading.
If at any time Ocenture believes, in its sole discretion, that the Member has violated any provision of these Terms of Service, Ocenture may immediately terminate Member's membership and all other Services without any right of Member to a refund or other remedy, and all fees due to Ocenture up to the end of the then-current billing cycle at the time of such termination shall remain payable to Ocenture. Such termination will not limit any other right by Ocenture under contract, tort or any other legal theory to pursue any claim or cause of action against the Member for violating these Terms of Service including, but not limited to, monetary damages, injunctive relief, attorney's fees and court costs.
The Services and the Content are and shall remain the sole and exclusive property of Ocenture. Member shall have only the limited rights with respect to the Services and the Content as expressly granted in these Terms of Service, and all rights not expressly granted herein are reserved by Ocenture. Member acknowledges and agrees that only Ocenture shall have the right to alter, maintain, enhance or otherwise modify the Services and the Content. Member shall not disassemble, decompile, manipulate or reverse engineer the Services or the Content, and shall take all necessary steps to prevent such disassembly, decompiling, manipulation or reverse engineering of the Services or the Content. Under no circumstances shall Member sell, license, publish, display, copy, distribute, or otherwise make available the Services or the Content in any form or by any means, including without limitation the transfer to a third party, except as expressly permitted in these Terms of Service. Member will take all reasonable steps to protect the security of the Services and the Content, and to prevent unauthorized use or disclosure thereof. Member is responsible for all access to and use of the Services and the Content by means of Member's equipment or under Member's user ID and password, whether or not Member has knowledge of or authorizes such access or use. Member shall be responsible for maintaining the confidentiality of all assigned user IDs and passwords, and Member shall be responsible for all charges relating to the use of such user IDs and passwords, whether or not authorized by Member.
Ocenture reserves the right to modify or to discontinue any and all Services and/or Content or any portion or attribute thereof, with or without notice to any Member. Ocenture shall not liable to any Member in the event that Ocenture exercises its rights under this Section.
Ocenture attempts to ensure that the Content is accurate and reliable; however, errors sometimes occur. Ocenture does not guarantee the accuracy of the Content and advises you independently to verify the accuracy of the information provided. In addition, Ocenture may make changes and improvements to the Content at any time. Ocenture makes no representation or warranty as to the quality or qualification of any Service Provider referred to Member, and is not responsible or liable for any acts or omissions created or performed by such Service Providers.
THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OCENTURE AND ITS SUPPLIERS (INCLUDING 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 WHATEVER RELATING TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO GUARANTEE THAT THE CONTENT IS UP-TO-DATE, ACCURATE OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICES AND THE CONTENT WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
BY MEMBER'S USE OF THE SERVICES, THE CONTENT OR THE SITE, MEMBER AGREES AND ACKNOWLEDGES THAT MEMBER'S USE OF THE SERVICES, THE CONTENT AND THE SITE IS AT MEMBER'S OWN RISK. NEITHER OCENTURE NOR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CONTENT OR THE USE OF THE SERVICES OR THE SITE, OR WITH DELAY OR INABILITY TO USE THE SITE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT THE MEMBER KNOWS, SUSPECTS OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
If you are a California resident, you waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if not known to him or her must have materially affected his or her settlement with the debtor."
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL OCENTURE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR: (A) THE GREATER OF LOSSES OR DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES ACTUALLY PAID BY MEMBER WITHIN THE TWELVE MONTHS PRIOR TO THE CLAIM OR THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
As a condition of use of the Site or Services, Member hereby agrees to indemnify Ocenture (including its affiliates and the officers, directors, employees, and agents of each of same) and its suppliers (including distributors or other Service Providers) and other Members from and against any and all liabilities, expenses (including attorneys' fees) and damages resulting from claims arising out of or relating in any way to Member's posting of Member Content or use of the Services or the Site (including but not limited to infringement of third parties' intellectual property rights or negligent or wrongful conduct), including without limitation, any claims alleging facts, that if true, would constitute a breach by Member of these Terms of Service.
You agree to comply with all applicable laws, statutes, ordinances, and regulations in connection with your use of the Site.
The Services may be subject to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Sudan, North Korea, Iran, Syria, or any other country subject to United States embargo that makes provision of Services through this Site unlawful; or (2) any person or entity identified on the U.S. Treasury Department's list of Specially Designated Nationals or any other list that prohibits the provision of Services through this Site. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country or on any such list.
Member agrees that any claim or controversy arising out of or relating to the use of the Site, the Services or the Content, or to any acts or omissions for which the Member may contend Ocenture is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally and exclusively settled by arbitration in Duval County, Florida. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. In any arbitration, Ocenture will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non- prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in Duval County, Florida, and Member agrees to submit to the jurisdiction of such court for that purpose. Member and Ocenture agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under these Terms of Service and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under these Terms of Service with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THESE TERMS OF SERVICE PROVIDE THAT ALL DISPUTES BETWEEN THE MEMBER AND OCENTURE WILL BE RESOLVED BY BINDING ARBITRATION IN DUVAL COUNTY, FLORIDA. THE MEMBER THUS GIVES UP THE MEMBER'S RIGHT TO GO TO COURT TO ASSERT OR DEFEND THE MEMBER'S RIGHTS. THE MEMBER ALSO GIVES UP THE MEMBER'S RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. THE MEMBER'S RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. THE MEMBER AND OCENTURE RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN DUVAL COUNTY, FLORIDA, FOR THAT PURPOSE.
You also acknowledge and understand that, with respect to any Dispute, in the event we incur attorney fees or expenses inconnection with the collection of sums owed to us by you under these Terms of Service, we shall be entitled to recovery of those fees and expenses from you.
These Terms of Service shall be subject to and construed in accordance with the laws of the State of Florida, excluding its conflict or choice of laws principles. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service shall continue in effect. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.