Terms and Conditions
DESCRIPTION OF SERVICE:
The Open Data People, Inc. is a California corporation, hereafter referred
to as OPEN DATA. PhoneValidator.com is a service of The Open Data People, Inc.
that provides information on phone numbers, subject to the terms and conditions below.
CUSTOMER warrants that it is the end-user of the data provided by OPEN DATA and will
abide by the terms and conditions set forth herein.The term "CUSTOMER" shall include
both free unregistered users and batch/API customers for the purposes of this agreement.
RESTRICTED LICENSE:
CUSTOMER warrants that it is the end-user of the data.
RELIABILITY OF DATA:
OPEN DATA makes no warranty, expressed or implied, as to the reliability or
accuracy of either its service or data provided. We are unable to guarantee 100% accuracy on our linetype
identification products. Computerized data provided by OPEN DATA may contain errors, inaccuracies, incompleteness,
false “no record” results and omissions. CUSTOMER acknowledges that online data will be used for informational purposes
only and shall not be relied on without verification from originating telephone companies. CUSTOMER acknowledges that all
data received from OPEN DATA is in “AS IS” condition and shall be used at the sole risk of the CUSTOMER. CUSTOMER agrees
and acknowledges that it shall have no legal or financial recourse against OPEN DATA, its officers, directors, employees
or data-providers for defective, missing, incomplete or otherwise inaccurate data. Outages may occur in PHONEVALIDATOR.COM
from time to time for a variety of reasons including but not limited to system maintenance, system crashes, and power outages.
CUSTOMER acknowledges that such service outages may occur and agrees that it shall have no legal or financial recourse against
OPEN DATA, its officers, directors, data-providers or web hosting firm as a result. Neither OPEN DATA, its officers, directors,
and employees nor any third party data provider to OPEN DATA shall be liable to CUSTOMER for any loss or claim arising from customer’s
use of OPEN DATA. If not withstanding the foregoing, if liability can still be assigned to OPEN DATA, its officers, directors,
employees or third-party data providers by an appropriate court of law, or other governing body, then OPEN DATA’s (and related parties)
maximum liability shall never exceed $25.00 regardless of nature, size or scope of claim. Further, CUSTOMER agrees to not seek punitive
damages against OPEN DATA, its officers, directors, employees and third-party data providers under any circumstances. Not withstanding
the foregoing, if punitive damages can still be assigned to OPEN DATA, its officers, directors, employees or third-party data providers
by an appropriate court of law, or other governing body, then OPEN DATA’s (and related parties) maximum punitive damages shall never
exceed $25.00 regardless of nature, size or scope of claim. CUSTOMER agrees and accepts that OPEN DATA nor its officers, directors,
employees or third-party data providers shall not be held liable to CUSTOMER or any third-parties for any direct, incidental, or
indirect claims or damages arising out of customer’s use of service.
INDEMNIFICATION & HOLD HARMLESS:
CUSTOMER hereby agrees to hold harmless and indemnify OPEN DATA, its officers,
directors, employees and all third-party data providers to OPEN DATA from and against
any and all direct and indirect claims, costs, losses, demands, proposed litigation
and actual litigation arising out of customer’s use of OPEN DATA as well
as by any third parties associated with the CUSTOMER including but not limited to
customer’s clients, employees, and subjects of investigation. Further, CUSTOMER
agrees to pay all attorney fees incurred by OPEN DATA, its officers, directors,
employees and third-party data providers in defense of any claims brought by the
CUSTOMER as well as any third parties associated with the CUSTOMER including but
not limited to the customer’s clients, employees, and subjects investigation,
regardless of whether or not OPEN DATA’S data was defective and contributed
to such misidentification.
GOVERNING LAW:
This agreement shall be governed in accordance with the laws of the State of
California. Any litigation between CUSTOMER and OPEN DATA shall be heard in the
court systems of Riverside County, California or, if federal in nature, in the
United States District Court in Riverside. Nothing in this Service Agreement,
Application or website shall be construed as legal advice from OPEN DATA. CUSTOMER
is solely responsible for compliance with all applicable state and federal laws.
FAIR CREDIT REPORTING ACT:
OPEN DATA is not a consumer reporting agency as defined by the FCRA. Results
obtained from this website shall not be used for any decision regarding any FCRA
regulated purpose including employment, housing, insurance or credit.
TELEPHONE CONSUMER PROTECTION ACT:
OPEN DATA assumes no legal liability for any phone records mistakenly identified
as the wrong linetype including under the Telephone Consumer Protection Act and
similar Federal and similar State consumer protection laws. We make NO WARRANTY
that numbers processed are Do Not Call list compliant -- they are not. OPEN DATA
makes no legal representations or offers no legal advice as to what may or may not
constitute lawful use of processed telephone numbers.
PRIVACY OF CUSTOMER DATA:
All account information provided by CUSTOMER to OPEN DATA shall be treated
as confidential. OPEN DATA discloses that customer’s IP address or other
identifying information, such as Internet provider name, will be logged and stored
as record of customer’s use of service and to identify abuse and fraud.
We store records of phone searches run for an indeterminate length of time but do not
re-purpose, share, sell or otherwise re-use the phone numbers submitted by either customers or free users.
DO NOT CALL SCRUBBING:
OPEN DATA does not provide scrubbing of phone numbers against the Do No Call list. If CUSTOMER is in need
of this service, it is CUSTOMER'S sole responsibility to obtain it independent of OPEN DATA.
AUTOMATED SEARCHING:
Automatic scraping or harvesting of data at this site is not permitted. Please
note we do not allow this service or data to be re-purposed. If you require this
type of processing, we recommend you investigate our batch processing options. We
reserve the right to refuse service to any user at any time at our sole discretion.
END TERMS AND CONDITIONS.
