Last updated: July 31th, 2020
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to EmailSherlock (“we”, “us”), an email search service. The EmailSherlock website (available at https://www.emailsherlock.com/, referred to herein as the “Website”). We provide the Website subject to your agreement to and compliance with the terms and conditions set forth in this document and its incorporated terms (the “Terms”).
We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here at https://www.emailsherlock.com/terms. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Website on or after the effective date of such revision and/or addition.
1. License and Conditions of Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website, its content, or any part of the Website, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the “Website Content”) for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to the Website not expressly granted to you. You may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Website Content. EmailSherlock, and/or its related companies or licensors, expressly retains all right, title and interest in and to the Website Content, including, without limitation, all intellectual property rights therein and thereto. EmailSherlock and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Website Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Website Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Website Content.
You are responsible for your access or use of the Website. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms of Service, the Privacy Notice, or is harmful to our interests.
You may not use the Website, or any search results or other information you may receive through use of the Website ("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. Further, you acknowledge that the Website contains public records collected from thousands of offices, departments, courthouses and other public and private sources. You understand and acknowledge that we are not a consumer reporting agency as defined by the Fair Credit Reporting Act, and do not assemble or evaluate information for the purpose of supplying consumer reports.
You agree that you shall not use Information to engage in stalking or harassing of any individual, requesting information under false pretenses, or identity theft.
You may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website’s operations or interference with access to the Website and such as through viruses, Trojan horses, worms, time bombs, cancel bots, or other such applications.
2. FCRA Notice
EmailSherlock does not provide the Website or compile information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The Information does not constitute "consumer reports" under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. EmailSherlock simply aggregates and provides access to publicly-available information for personal and non-commercial use only. You are expressly prohibited from using any information from search results (a) to discriminate against any consumer; (b) for the purpose of considering a consumer's eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer's economic or financial status or standing. You understand, agree and acknowledge that any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless EmailSherlock Corporation and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever nature, due to or arising out of your use of information from search results in a manner covered under the FCRA.
You expressly agree that use of the Website is at your sole risk. EmailSherlock shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Website, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, services and other content provided on the Website.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and that this data may contain errors and omissions. We do not guarantee that Information is current or accurate, and you therefore should not use the Website to verify any individual’s arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of the Website or Information. You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.
For the most recent records concerning any individual or vehicle presented on the Website, contact the relevant state or local office, agency, or department. EmailSherlock is not affiliated with the United States Government or any federal or state government agency.
4. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EMAILSHERLOCK PROVIDES THE WEBSITE AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMAILSHERLOCK MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, EMAILSHERLOCK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
EMAILSHERLOCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
EmailSherlock does not warrant that the Website will be uninterrupted or error free; nor does EmailSherlock make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.
5. Limitation of Liability
EMAILSHERLOCK IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE WEBSITE, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH ANY DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR SECURITY BREACHES.
EMAILSHERLOCK, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE WEBSITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE WEBSITE WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.
You agree to indemnify, defend, and hold harmless EmailSherlock and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers, And each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Website or any Information you obtain through the Website and (ii) your violation of these Terms your, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
7. Location of the Site and your Use
EmailSherlock operates or controls the operation of the Website from the United States. In addition, the Website may be mirrored, and other websites operated or controlled by EmailSherlock may be operated from various locations in and outside of the United States. EmailSherlock makes no representation or warranty that all of the features of the Website will be available to you outside of the United States, or that the Website is permitted to be accessed outside of the United States. Additionally, the Website may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Website from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
We reserve the right to terminate or restrict your access to the Website for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any dispute concerning EmailSherlock, the Website, Information, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
10. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
11. General Conditions
These Terms constitute the entire agreement between you and us, and governs your use of the Website, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
12. Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us or write:
10115 Berlin, Germany