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Terms of Service

PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.


PhoneOwner is a complete directory of nearly every landline and cell phone number in use today.


By using this site or accessing its products you are indicating your acceptance of this Terms of Service Agreement ("Agreement"), you agree to be bound by and comply with its terms. Accordingly, you should review these Terms thoroughly. If you do not agree to comply with the terms of these Terms, you should immediately discontinue your use of PhoneOwner.com.


We may revise and update these Terms from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Terms on the PhoneOwner.com website.


Registration
You must be 18 years of age or older to use PhoneOwner and purchase any services from PhoneOwner.com. Any offers of sale are only intended for individuals who are 18 years of age or older. By using PhoneOwner or purchasing services from PhoneOwner.com, you affirm that you are 18 years of age or older.

You agree to provide accurate, current, and complete information during the registration process ("Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.

You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.


Terms of Purchase
Payment of fees for purchases of services from PhoneOwner.com must be made with current and valid payment method information ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of PhoneOwner and, where applicable, suspend or terminate your subscription.


Trial Periods
We may offer you access to either free or paid trial uses of PhoneOwner services. If you choose a paid trial, the trial fee will be immediately billed to the payment method provided as part of your Payment Information. Your subscription will begin following the expiration of the free or paid trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis. To cancel your subscription before incurring your first recurring charge, contact us within the trial period by calling, 503-974-6638 or sending an email with your cancel request to, customer-service@phoneowner.com.


Billing Policies
Fees will be billed to the payment method provided as part of your Payment Information. For subscriptions, fees will be billed on a recurring monthly basis. For single report and one-time billing package purchases, fees will be billed on a one-time basis. You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you purchase yields any results, and whether or not the results contain incorrect information or no information at all. If you have purchased a subscription service, you may cancel your subscription at any time. To do so, simply call us at, 503-974-6638 or send an email with your cancel request to, customer-service@phoneowner.com. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.


License and Conditions of Use
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use PhoneOwner.com. We reserve all rights of ownership in and to PhoneOwner not expressly granted to you. You may not use PhoneOwner or any information or data you may receive through use of PhoneOwner.com ("Data") in any manner that violates any applicable law or regulation, or in any manner inconsistent with these Terms. Specifically, you agree that you shall not use Data to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify PhoneOwner.com in any manner or form, (iii) copy, distribute, or create derivative works based on the PhoneOwner.com Content (as defined below), (iv) exploit the PhoneOwner.com Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey PhoneOwner.com or any elements thereof. You agree and understand that the availability of a search does not necessarily mean the report will yield correct results, relevant results, or any results at all. Your violation of any terms of this Agreement may result in automatic termination of the licenses granted hereunder and your right to use PhoneOwner.com. We reserve the right at any time to modify or discontinue, temporarily or permanently, PhoneOwner.com (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.


FCRA Notice
PhoneOwner.com is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined by the FCRA. The Data or other information provided on PhoneOwner.com.com has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. You are EXPRESSLY PROHIBITED from using PhoneOwner or any PhoneOwner.com products or data to determine an individual's suitability for: (1) Employment, promotion, reassignment or retention; (2) Insurance; (3) Personal credit; (4) Education, scholarships or fellowships; (5) Housing or other accommodations; or (6) Any benefits, privileges or services provided by any business establishment. You agree and acknowledge that your use of data for any such purpose may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless PhoneOwner and its parents, subsidiaries, officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys' fees) or liabilities of whatever nature of kind, due to or arising out your use of PhoneOwner or Phoneowner.com products or data in violation of the FCRA.


Copyrights and Trademarks
Except with respect to images that are in the public domain or otherwise publicly available, PhoneOwner and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively "PhoneOwner Content") is owned by PhoneOwner, Inc. and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. PhoneOwner and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the PhoneOwner.com 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 PhoneOwner information, products, services or data 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 PhoneOwner information, products, services or data. You may not to alter or delete any proprietary notices from PhoneOwner information, products, services or data downloaded or printed from PhoneOwner. PHONEOWNER, PhoneOwner.com and the PhoneOwner logo are trademarks of PhoneOwner, Inc. and/or its related companies, and any use of such marks without prior express written permission is hereby strictly prohibited.


Representations and Warranties
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of PhoneOwner.com and Data will comply with all applicable laws, including but not limited to the FCRA and DPPA, and will not violate the rights, including intellectual property rights, of any third party.


Disclaimers
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PHONEOWNER PROVIDES ALL SERVICES AND INFORMATION "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PHONEOWNER MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, PHONEOWNER 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. PHONEOWNER 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 SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.


Limitation of Liability
PHONEOWNER 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 PHONEOWNER.COM, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH PHONEOWNER.COM OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF PHONEOWNER.COM OR DATA, OR FROM THE CONDUCT OF ANY USERS OF PHONEOWNER OR DATA, WHETHER ONLINE OR OFFLINE. PHONEOWNER, 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 DATA OR OTHER INFORMATION MADE AVAILABLE VIA PHONEOWNER.COM. 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 PHONEOWNER WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.


Indemnification
You agree to indemnify, defend, and hold harmless PhoneOwner and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys' fees) or liabilities of whatever nature of kind, due to or arising out of your use of PhoneOwner, the Data, your violation of these Terms, or your violation of any rights of another.


Termination
We reserve the right to terminate or restrict your account and/or access to PhoneOwner 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 PhoneOwner. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.


Arbitration
Any dispute concerning PhoneOwner, any PhoneOwner services, data, or this Agreement will be settled by binding arbitration in Portland, Oregon, 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.


General Conditions
This Terms constitutes the entire agreement between you and us, and governs your use of PhoneOwner, 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 this Agreement 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.


Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please call, 503-974-6638 or send an email to, customer-service@phoneowner.com.



This TOS was last updated on March 30, 2016