Terms and Conditions

THIS IS A LEGAL AGREEMENT BETWEEN THE OPEN DATA PEOPLE, INC., A CALIFORNIA CORPORATION AND PUBLISHER OF PHONEVALIDATOR.COM, HEREAFTER REFERRED TO BELOW AS “THE SERVICE” OR ‘PHONE VALIDATOR” OR “THE WEBSITE”.

ALL USERS OF THE SERVICE SHOULD CAREFULLY REVIEW THESE TERMS. THEY CONTAIN IMPORTANT INFORMATION ABOUT BOTH PARTIES’ LEGAL RIGHTS AND RESPONSIBILITIES. BY USING THE WEBSITE OR SERVICE, THE USER HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS:

DESCRIPTION OF SERVICE:

PHONE VALIDATOR provides linetype information on North American phone numbers, subject to the terms and limitations below. CUSTOMER warrants that it is the end-user of the data provided by PHONE VALIDATOR and will abide by the terms and conditions set forth herein. For the purposes of this agreement, the term "CUSTOMER" OR “USER” shall include both free unregistered users and paid batch/API/dashboard customers.

DATA ACCURACY, RELIABILITY AND ERRORS:

PHONE VALIDATOR provides best available information and attempts to ensure accuracy of information of the Service, but cannot guarantee that search results or site content is entirely correct, current or complete.

PHONE VALIDATOR makes no warranty, expressed or implied, as to the reliability or accuracy of either its Service or data provided. Computerized data provided by PHONE VALIDATOR may contain mistakes, technical or typographical errors, inaccuracies, incompleteness, false “no record” results and omissions. We are unable to guarantee 100% accuracy on our linetype identification products.

User agrees not to use search results from the Service for any legal or business purpose without first verifying the data directly with the phone company of record. If the user is unable to verify the data directly with the phone company of record, User agrees to treat the record as unverified.

NO WARRANTIES EXIST:

USE OF THIS SITE IS AT USER'S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. PHONE VALIDATOR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, PHONE VALIDATOR MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USER UNDERSTANDS AND AGREES THAT ACCESSING THE SERVICE IS AT THE USER’S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING CLAIMS BY THIRD PARTIES ARISING OUT OF USER'S USE OF THE SERVICE. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

LIABILITY:

IN NO EVENT WILL PHONE VALIDATOR OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS FROM YOUR USE OF THE SITE OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PHONE VALIDATOR FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND, REGARDLESS OF THE CAUSE OF ACTION.

INDEMNITY:

USER FURTHER AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY PHONE VALIDATOR, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, INCLUDING THIRD PARTY CLAIMS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, DISCLOSED AND UNDISCLOSED.

FULFILLMENT POLICY:

Refund policy: A Subscriber may request a refund at any time of its unused funds by requesting to do so using the site contact form.

Delivery policy: All data is delivered via our secure API OR batch download link. We do not ship physical products.

Return policy: We do not ship physical products. All of our products are data that is delivered digitally. We have a non-return policy on our data products once delivered.

Cancellation policy: A Subscriber may cancel service at any time without penalty by logging in to his account, navigating to My Account, then scrolling down to Cancel Account.

LEGAL ADVICE:

No information appearing on the PHONE VALIDATOR website pages shall be construed as legal advice being given by PHONE VALIDATOR.

USER'S SECURITY OBLIGATIONS:

User agrees to treat its login credentials as sensitive information and will not permit any unauthorized third party from accessing the site via the User’s account.

User shall regularly monitor its account, and all communications occurring there under, for any unauthorized use. User must notify PHONE VALIDATOR immediately if they become aware of any actual or potential compromise of its account at the Service.

FAIR CREDIT REPORTING ACT:

User acknowledges and agrees that the Site is not a “consumer reporting agency” and does not constitute a “consumer report,” as defined by The Fair Credit Reporting Act (FCRA) and shall not be used for any FCRA regulated purpose by User. The Service may not be used in whole or in part as a factor in determining any consumer's eligibility for credit, insurance, housing or employment or for any other purpose regulated by the FCRA.

TELEPHONE CONSUMER PROTECTION ACT:

PHONE VALIDATOR assumes no legal liability for any phone numbers mistakenly identified as the wrong linetype including as applicable under the Telephone Consumer Protection Act and similar Federal and State consumer protection laws.

COMPLIANCE WITH ALL STATE AND FEDERAL DATA PRIVACY LAWS:

User agrees to abide by the terms of the Service's Privacy Policy. User agrees that it will comply with all federal and State data privacy laws and regulations with data it obtains from the Service.

PRIVACY OF CUSTOMER DATA:

Information provided by CUSTOMER to PHONE VALIDATOR, including phone numbers processed, shall be treated as confidential. PHONE VALIDATOR WILL NOT RE-PURPOSE, SELL OR OTHERWISE SHARE CUSTOMER’S PROVIDED PHONE DATA TO ANY THIRD PARTY UNLESS LEGALLY REQUIRED TO DO SO.

PHONE VALIDATOR 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.

PHONE VALIDATOR discloses it maintains search logs of phone searches run and results for an indeterminate length of time, but no less than 30 days, prior to destruction. At our discretion we may use search logs for analytical purposes to improve our service.

DO NOT CALL SCRUBBING:

PHONE VALIDATOR does not provide scrubbing of phone numbers against any Do No Call list. If CUSTOMER is in need of this service, it is CUSTOMER'S sole responsibility to obtain it independent of PHONE VALIDATOR.

AUTOMATED SEARCHING:

Automatic scraping or harvesting of data at this site is not permitted and may result in immediate suspension of CUSTOMER credentials and/or exclusion of User’s I.P. address.

DUPLICATE SEARCH REQUESTS:

Our service charges for all lookup requests made by user, including duplicates, submitted for processing. If user does not want to be charged for duplicate lookup requests, user agrees to not submit them for processing.

TRADEMARK:

”Phone Validator” and “phonevalidator.com” are trademarks of the Website owners and may not be used without our expressed written permission.

GOVERNING LAW:

Both parties agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms. Any legal disputes shall be heard in the state or federal courts located in Riverside County, California.

SEVERABILITY:

If any provision or portion of these Terms is deemed to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.

HEADINGS:

Headings used in these Terms are provided for convenience only and shall not be used to construe meaning or intent.

WAIVER:

The Service's failure to act with respect to a breach of these terms by a User does not waive the Service’s right to act with respect to subsequent or similar breaches.

ENTIRETY:

These Terms are the entire and sole agreement between PHONE VALIDATOR and User. PHONE VALIDATOR reserves the right to update or modify these Terms from time to time and sole notification and publication of the changes will be on this page.

NOTICES:

Any notice or other communication regarding these Terms shall be written and shall be sent via first class mail to The Open Data People, Inc., Attn: Legal Dept, PO Box 890370, Temecula, CA 92589 with a courtesy notice sent via email here or through the Site’s contact form.

 

LAST UPDATED: February 20, 2024