Terms and Conditions:
Last Updated On: 12/7/13
Welcome to Simply Put Solutions, Inc. the creators of Died in House found at www.diedinhouse.com (“Company”). The following are rules ("Terms") that govern your use of the diedinhouse.com web site (“Site”). By visiting or using the Site you expressly agree to be bound by these Terms, and all applicable laws and regulations governing the Site. The Company reserves the right to change these Terms at any time. All changes will be effective immediately upon their posting on the Site. Please read and review these Terms carefully.
You hereby agree that you are only authorized to visit, view, and retain a copy of any page on this Site for your own personal use, except for with the Company’s written permission. You may not duplicate, download, publish, modify, or otherwise distribute material on the Site for any commercial use, or for any purpose other than as described in these Terms. You cannot automate, script, scrape, or otherwise take data from the Site in an automated fashion to re-use or display in any way. Use of the Site is void where prohibited.
RESOLUTION OF DISPUTES BY ARBITRATION
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR USE OF THIS SITE AND THE SERVICES RELATED THERETO. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, THE DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Agreement to Arbitrate Disputes
Either you or we may elect, without the other’s consent, to require that any dispute between us, or concerning your use of the Died in House website (“Site”), except those disputes specifically excluded below, be resolved by binding arbitration.
Disputes Covered by Arbitration
Any claim or dispute relating to or arising out of your use of this Site, this Agreement, or our relationship will be subject to arbitration. All disputes are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. Disputes include any unresolved claims concerning any services relating to this Site. Disputes include not only claims made directly by you, but also made by anyone connected with you or claiming through you, such as a joint account owner, account beneficiary, employee, representative, agent, predecessor or successor, heir, assignee, or trustee in bankruptcy. Disputes include not only claims that relate directly to the owners of this Site, but also its parent, affiliates, successors, assignees, employees, and agents and claims for which we may be directly or indirectly liable, even if we are not properly named at the time the claim is made. Disputes include claims based on any theory of law, contract, statute, regulation, tort (including fraud or any intentional tort), or any other legal or equitable ground, and include claims made as counterclaims, cross-claims, third party claims, interpleaders or otherwise. A party who initiates a proceeding in court may elect arbitration with respect to any dispute advanced in that proceeding by any other party. Disputes include claims made as part of a class action or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Disputes Excluded from Arbitration
Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual claim for relief.
Commencing an Arbitration
The party filing an arbitration must choose one of the following neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiate the arbitration, you must notify us in writing at Citibank, Litigation/Arbitration Unit, One Court Square, 43rd Floor/Zone 10, Long Island City, NY 11120. If we initiate the arbitration, we will notify you in writing at your last known address on file. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums:
American Arbitration Association 1-800-778-7879 (toll-free) Website: adr.org
JAMS 1-800-352-5267 (toll-free) Website: jamsadr.com
The arbitration shall be conducted in South Carolina, unless the parties agree to a different location in writing.
Administration of Arbitration
The arbitration shall be decided by a single, neutral arbitrator. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration forum. The arbitrator shall follow procedures and rules of the arbitration forum in effect on the date the arbitration is filed unless those rules and procedures are inconsistent with this arbitration provision, in which case this arbitration provision will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act and applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law. The arbitrator will not have the power to award relief to, or against, any person who is not a party to the arbitration. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute. You or we may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by you or us.
The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
No Class Action or Joinder of Parties
You and we agree that no class action, private attorney general or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account owners or beneficiaries on your account and/or related accounts, or parties to a single transaction or related transaction); this is so whether or not the claim may have been assigned.
Right to Resort to Provisional Remedies Preserved
Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of setoff or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
The arbitrator’s award shall be final and binding unless a party appeals it in writing to the arbitration forum within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance with the rules of the same arbitration forum. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated before a single arbitrator. An award by a panel is final and binding on the parties after fifteen (15) days have passed. A final and binding award is subject to judicial intervention or review only to the extent allowed under the Federal Arbitration Act. A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction.
You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the state of South Carolina apply.
These arbitration provisions shall survive:
(i) termination or changes to your account on this Site, or any related services we provide;
(ii) the bankruptcy of any party; and
(iii) the transfer or assignment of your account.
If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No provision of this arbitration provision may be amended, severed or waived absent a written agreement between you and us.
1. USING THE SITE
a. Registering with the Company
b. Registration Obligations
By using this Site, you warrant that you are of a legal age to form a binding contract, and that you are not banned from using our services under United States law or by any other applicable jurisdiction. You further agree that you will:
- Provide true, accurate, current and complete information during the registration process
- Maintain your personal information on the Site, and update it whenever necessary to keep it true, accurate, current and complete
If you provide information to the Site that is untrue, inaccurate, not current or incomplete (or if we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete) we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site.
c. Site Results
The products on the Site come with a limited guarantee. You acknowledge that the service is provided "as is." You are paying for us to conduct a search, not to return any specific result. The information presented on the Site is often obtained by third-parties. As such, we cannot guarantee the accuracy of information you receive on the Site. Please use caution when interpreting results from the Site. Died in House ™ does not guarantee to have all deaths that have occurred in or at a specific address; it is an informational use only type of service. They do have over 118 million records from various sources and that number continues to increase daily. Diedinhouse.com is merely a great tool to use to assist you with finding out if someone has died at a specific address. It is always recommended that before anyone purchases or rents a used home, to run a Died in House ™ Report, ask the seller and owner if they are aware of any deaths, speak with neighbors, search the address online and check government records for any information related to the property.
d. Fees, Refunds & Fraud
All fees for products and services from the Company are listed on the Site. Unless otherwise indicated, all charges and fees are final, and we do not offer refunds. If you have a subscription and do not notify us that you wish to cancel, then any applicable monthly or annual fee for said subscription will be automatically billed to the credit card you designated during the registration process (or subsequently updated).
To purchase our services, you must agree to pay with a valid credit card and certify that you are authorized to use that credit card. In connection with our efforts to protect customers from credit card fraud, the Company may work with law enforcement agencies and share relevant information, such as email addresses, IP address, credit card numbers, etc. The Company reserves the right to suspend services to individuals who are suspected of fraudulent activity. You are fully responsible, and must pay for all purchases that are made by any individual using your account. If we are advised of insufficient funds to cover your payment by credit card, we may re-submit any un-cleared or rejected payment to your financial institution.
If you have reason to believe that your credit card has been used on the Site without your authorization, you must notify the Company immediately. You agree to pay all owed amounts upon our demand. Should the Company have to collect unpaid amounts owed by you, then you will be liable for all collection costs. This includes, but is not limited to attorney fees and collection agency fees.
e. Pay Per Search, Subscription Services, Automatic Renewal
Currently the service is offered as a pay per search option only. In the case that a subscription service is offered and if you choose to subscribe to one of the services offered on the Site, your subscription will be ongoing and automatically renew at the end of any Term (monthly or annual), unless you notify us in advance that you choose not to renew your subscription.
ii. Termination, Free Trial
If your subscription includes a free trial, then you may cancel your subscription at any point during the free trial and you will not be billed by the Company. If you do not cancel during the free trial, your credit card will be billed once the trial is over and your paid subscription service will begin. When you cancel your subscription, it will continue until the end of the current billing period. When that period is over, your subscription will no longer automatically renew, and you will lose all the benefits of that subscription. You will not be entitled to any refunds for months that have already been charged, because those services have already been delivered and the Company has already incurred the cost of those services.
f. Third Party Offers, Links and Search Results
The Site may include references or links to third-party web sites, and third-party web sites may include links to this Site. The Company has no control over any third-party web site or the content they present. The Company cannot guarantee, represent, or warrant that the content on these third-party web sites is accurate, legal, and/or inoffensive. The Company does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. When you click over to another web site from this Site, you agree that you may not make any claim against the Company for any damages or losses whatsoever that occur as a result of your visit to any third-party web site.
g. Access and Interference
You agree that you will not use any spider, robot, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any unauthorized purpose. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree not to copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Site without prior written permission from the Company.
h. Unauthorized Use of the Site
- Illegal and/or unauthorized uses of the Site include, but are not limited to:
- Use of any robot, spider, or other automated device on the Site
- Automating, scripting, scraping or otherwise taking data from the Site in an automated fashion to reuse or display in any way
- Unauthorized framing of or linking to the Site
- Use information found on any DIH web site or application to increase the value, devalue, prevent the sale or influence the sale of any type of property
- Using any information obtained from the Site, including preview results, to transmit commercial, advertising or promotional materials, including without limitation “spam”
- Using any information obtained from the Site to harass, offend, threaten, embarrass, or invade the privacy of any individual or entity
- Violating any applicable law, regulation or rule
- Providing false information on your registration form
- Impersonating another person at any point (i.e., unauthorized/fraudulent credit card information, false names, etc.)
- Using information obtained from the Site for any purpose covered under the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.)
If any of the aforementioned unauthorized Site uses are occurring, it will result in an investigation that will then lead to appropriate actions, including, without limitation, termination of your account and formal civil, criminal, and injunctive redress.
i. Violation of these Terms
You agree that monetary damages may not provide sufficient remedy to the Company for violations of these Terms. You further consent to injunctive or other equitable relief for any such violations.
j. Proprietary Rights
You acknowledge and agree that the Company owns all legal right, title, and interest in and to the Site. This includes, but is not limited to any intellectual property rights that subsist in the Site (whether or not those rights are registered, and wherever in the world such rights exist). Unless the Company agrees in written form, nothing in the Terms gives you the right to use any trade name, trademark, service mark, logo, domain name and/or other distinctive brand feature that is owned by the Company.
THE COMPANY MAKES NO PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR FROM ANY CONTENT, SEARCH, OR LINK ON THE SITE, OR THAT THE INFORMATION ON THE SITE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SITE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SITE. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND AN "AS-AVAILABLE" BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT ARISE FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Company is not responsible for any services, products, actions, or the failure of any third-party to act if they are connected with or referenced on the Site. You must use extreme care when analyzing the data you obtain on the Site. It is possible for mistaken identity to occur when reviewing these results, as you may be relying solely upon a name, age and address to identify a specific individual. If you believe that any information contained on the Site is in error, please contact email@example.com.
It is illegal to use information obtained from the Site to commit crimes against anyone, or to engage in discrimination or harassment against anyone. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement beyond the punishment administered for the crime initially committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to applicable South Carolina Penal Codes.
Use of any information that is disclosed on this web site for the following purposes is strictly prohibited:
- Health insurance
- Housing or accommodations
- Education, scholarships, or fellowships
- Benefits, privileges, or services provided by any business establishment
3. LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OCCUR.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand. This includes but is not limited to reasonable attorneys' fees arising out of the use of the Site by a user or a user's account.
Should you have any dissatisfaction with the Site, your sole remedy is to discontinue your use of the Site. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Under such circumstances, the above limitations may not be applicable to you. If the above limitations do not apply to you, then the sole and exclusive maximum liability to us for all damages, losses, and causes of action — whether in contract, tort (including, without limitation, negligence), or otherwise — will be the full amount that you have paid to the Company, if any, for access to the Site during the current calendar year of your use and/or subscription to the Site.
These Terms make up the Entire Agreement between You and The Company
These Terms incorporate by reference any notices contained on the Site, and constitute the entire agreement with respect to your access to and your use of the Site. Any provision of these Terms that is determined by a court of competent jurisdiction to be unenforceable shall be severable from these Terms without invalidating the remaining Terms. The unenforceability of any single provision contained in these Terms shall not render that provision unenforceable in any other jurisdiction. The Company reserves the right to revise these Terms at any time without providing notice to you. By using the Site following any revision to these Terms, you then agree to be bound by any such changes. Failure by us to insist on the strict performance of any of the terms and conditions found within these Terms in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition, or of any other term or condition.
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