Dwyer Data Detectives Terms Of Use Agreement

Dwyer Data Detectives Terms of Service

~Last Updated: April 1, 2016

1. TERMS OF USE AGREEMENT FOR ALL SERVICES, GOODS AND THE WEBSITE

Dwyer Data Detectives requires that you carefully read, understand and agree to the following Terms and Conditions contained in this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, or any page thereof, through any direct or indirect means, or by using the goods, facilities or services offered in or through the website, or through alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by these Terms of.

If you do not agree to these terms and conditions, you are not authorized to access or use the website and you are to cease accessing or otherwise using the website. For purposes of this Agreement, "You" or "Your" means the person(s) using the website, and/or the goods, or services of Dwyer Data Detectives. The words "us" or "we" means, but is not limited to the following entities:

  • Dwyer Data Detectives
  • Wilson Property Solutions
- John Q. Public

Section Title

Wilson Property Solutions operates the website and shall have the right at any time to change or discontinue any aspect or feature of the website and the right to modify the terms and conditions applicable to users of the website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately to any new users once posted on the website. A copy will be sent via email directly from DwyerDataDetectives@gmail.com to all of the email address provided by all preexisting registered users of any changes, modifications, additions, or deletions to this agreement 24 hours prior to posting on the web. Any use by you of the Website or the goods, or services offered in or through the website shall be deemed to constitute acceptance of such changes. By accessing this Site you agree to be bound by these Terms of Use. The Site is intended for individuals who are at least 18 years of age and reside in the United States and the District of Columbia. If you are under 18 years of age or reside outside of the United States or the District of Columbia, you should not be visiting this website or utilizing Dwyer Data Detectives’ goods or services.

2. CONSUMER INFORMATION SECURITY POLICY

The Dwyer Data Detectives Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains clearly that all of your personal and business information collected through the Website, received directly from you, or electronically transmitted by you is solely used to customize my strategies to best fit your specific needs in order to provide you with a better Real Estate Lead Generation Solution. All of your personal and business information is kept strictly confidential and will never be given away to a third party.

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission. You are also indicating that you are consenting, acknowledging and agreeing to receive important notices, disclosures and other communications ("Disclosures and Communications") in electronic form (either by email or via the Internet) as provided from Dwyer Data Detectives. You understand that you will need, and have access to an email address.

When you "submit" information, create an account or otherwise register for services through our website or otherwise, you understand and agree that you have established a business relationship between you and Dwyer Data Detectives, which is the owner of this site. You hereby consent to any such communication or phone calls. If at any time you do not wish to continue to receive communications from Dwyer Data Detectives, you agree to notify Dwyer Data Detectives by emailing DwyerDataDetectives@gmail.com directly that you no longer want to receive other forms of communications from us.

3. COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES

Product and company names mentioned herein may be the trademarks of their respective owners. Nothing on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the website, without the prior written permission of Dwyer Data Detectives, Wilson Property Solutions or the applicable Mark holder specific for each such use. The Marks may not be used to disparage Dwyer Data Detectives, Wilson Property Solutions or the applicable Mark Holder specific for each use, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by both Dwyer Data Detectives and Wilson Property Solutions in writing.

The website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the website are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of material will be permitted without the express written permission of Dwyer Data Detectives, Wilson Property Solutions and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.

4. THE DEFENINTIONS OF “SERVICES” PROVIDED BY DWYER DATA DETECTIVES TO THE BUYER ARE AS FOLLOWS:

  • 1. The locating of case files chosen and further specified previously by the buyer, in courthouses and/or government agencies.
  • 2. The accessing of both onsite records database terminals at courthouses and government agencies as well as the more limited available online courthouse and government agency records database indexes to record all available case filings that strictly match the buyer’s criteria.
  • 3. The hands on retrieval, collection, inspection, and upon request reproduction of public records generated by courthouses and government agencies.
  • 4. The cross-referencing of multiple databases and various public records to validate to a surety that there is real estate involved with the case and to verify whether the real estate is attached to a given case file or rather associated to a given case file.
  • 5. Once the information is collected and verified, guaranteed exclusive disclosure of all of the personal information available on all of the parties, all of the personal contact information included, and property details made available to the public through public record inspection, obtained by Dwyer Data Detectives or any Dwyer Data Detectives employee's public records requests, retrievals and inspections of public records possessed by courthouses and government agencies on a case file by case file basis, sent only via email directly from DwyerDataDetectives@gmail.com only to the email address previously provided by the buyer to Dwyer Data Detectives.
- John Q. Public

Section Title

5. THE DEFINITION OF “GOODS” PROVIDED BY DWYER DATA DETCTIVES TO THE BUYER ARE AS FOLLOWS:

The Definition of a single item of “goods” or a “Real Estate Lead” is all of the personal information provided by Dwyer Data Detectives contained on all parties in one single case file, all of the contact information contained on all of the parties in one single case file, and all of the property details contained in a single case file, obtained and provided through Dwyer Data Detectives or any Dwyer Data Detectives employee's public records requests, retrievals, and inspections of public records possessed by a courthouse or government agency.

6. THE DEFINITION OF “REAL ESTATE LEAD” PROVIDED BY DWYER DATA DETECTIVES TO THE BUYER IS AS FOLLOWS:

The complete contents of the personal information of all parties, the complete contents of the personal contact information of all parties, and all of the property information contained inside any one single case file, of a case type previously requested by the buyer.

7. THE TIMELINESS OF DELIVERIES FROM DWYER DATA DETECTIVES TO THE BUYER IS AS FOLLOWS:

“Real Estate Leads” are delivered to the buyer, after Dwyer Data Detectives receives a completed Real Estate Lead Request Order Form signed and dated by the buyer, Dwyer Data Detectives receives a “Dwyer Data Detectives TOS/TUS Agreement signed and dated by the buyer”, then Dwyer Data Detectives or an employee of Dwyer Data Detectives locates, collects, and inspects the necessary case type, lastly it goes through the Dwyer Data Detective Real Estate Lead Verification Process, after Dwyer Data Detectives receives a Purchase & Sale Agreement signed and dated by the buyer, then within 24 hour after Dwyer Data Detectives receives payment successfully Your chosen and further specified Real Estate Leads will be sent via email from DwyerDataDetectives@gmail.com directly the email address previously provided by the buyer to Dwyer Data Detectives.

Dwyer Data Detectives will never resell a “Real Estate Lead” to another individual or business that Dwyer Data Detectives has already previously sold to a different individual or business.

8. RETURNS, EXCHANGES AND REFUNDS POLICY

Dwyer Data Detectives does not accept returns, exchanges or offer refunds unless the item you purchased is defective. If you receive a defective item, please contact Dwyer Data Detectives at (508) 377-7111 with details of the product and the defect. You can send the item you consider defective to: DwyerDataDetectives@gmail.com.

9. DISCLAIMERS AND LIABILITY

Dwyer Data Detectives intends that the information contained in the website or provided as a service be accurate and reliable; however, errors sometimes occur. The information is provided as a service to the general public over the age of eighteen and is subject to change without prior notice. In addition, changes and improvements to the information provided herein are provided "as-is" without warranty of any kind, implied, expressed or otherwise. Under no circumstances will Dwyer Data Detectives be liable for any loss or damage caused by your reliance on information obtained through the website or sent by Dwyer Data Detectives via email or electronic transmission. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Dwyer Data Detectives.

THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". DWYER DATA DETECTIVES DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, PRODUCTS AND SERVICES PROVIDED HEREIN OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITE AND/OR DWYER DATA DETECTIVES’ SERVICES IS AT YOUR OWN RISK. DWYER DATA DETECTIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITE AND/OR DWYER DATA DETECTIVES’ SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED ON THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DWYER DATA DETECTIVES’ RECORDS, PROGRAMS OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DWYER DATA DETECTIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY

  • 1. Dwyer Data Detectives may choose to electronically deliver all information related to its services and your requests via email directly from DwyerDataDetectives@gmail.com to the email address previously provided by the buyer. Dwyer Data Detectives' electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation and any notices required under applicable law.
  • 2. You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Dwyer Data Detectives. This means that Dwyer Data Detectives may communicate with you by sending a message to the email address you provided. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
- John Q. Public

Section Title

11. TECHNICAL REQUIREMENTS:

To access and retain information, to have notices and Real Estate Leads delivered, you will need to make available to you electronically:

  • Internet access
  • Email Access
- John Q. Public

Section Title

You have the right to receive any document in non-electronic form and to withdraw your consent to electronic delivery at any time by contacting Dwyer Data Detectives (508) 377-7111 or by emailing DwyerDataDetectives@gmail.com.

12. PRIVACY POLICY

The Dwyer Data Detectives Privacy Policy, hereby incorporated by reference into this Agreement, explains clearly that all of your information that is collected through the website, received directly from you, or electronically transmitted by you is kept strictly confidential and will never be given away to a third party.

13. CONFIDENTIALITY AND NONDISCLOSURE POLICY

  • Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged in as well as all property and parties related to the case personal and contact information disclosed to the recipient by Dwyer Data Detectives obtained by any employee of Dwyer Data Detectives through the inspection of public records possessed by a courthouse or government agency.
  • Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
  • Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
  • Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
  • Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture, or employee of the other party for any purpose.
  • Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the parties.
  • Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
  • Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
- John Q. Public

Section Title

14. INDEMNITY

As a condition of use of the website and/or Dwyer Data Detectives’ services, you agree to indemnify Dwyer Data Detectives and Wilson Property Solutions from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the website, goods, or services including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

15. LIMITATION ON DAMAGES

In no event will Dwyer Data Detectives have any liability to you. You irrevocably waive any claim to consequential, punitive or exemplary damages.

16. LINKS TO THIRD PARTY WEBSITES

The website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Dwyer Data Detectives does not operate or control in any respect any information, software, products or services available on such websites. Dwyer Data Detectives’ inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the websites please note that Dwyer Data Detectives is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.

17. ERRORS AND DELAYS

Dwyer Data Detectives is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.

18. DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of the Website, to the goods or services provided by Dwyer Data Detectives, or to any acts or omissions for which you may contend Dwyer Data Detectives is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") dated September 15, 2005. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DWYER DATA DETECTIVES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Dwyer Data Detectives’ goods, facilities and services, you consent to these restrictions. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Dwyer Data Detectives, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Bristol County, Massachusetts. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.

19. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the website and any operating rules for the website established by Dwyer Data Detectives or Wilson Property Solutions) constitutes the entire agreement between you and Dwyer Data Detectives and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Dwyer Data Detectives with respect to the website and information, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE REMEMBER TO MAKE SURE TO PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR OWN RECORDS.

- John Q. Public