Terms of Service
Last updated: June 21, 2023
This Terms of Service is a contract (these “Terms” or this “Agreement”) between officialdb and
you (“you”, or the “User”) for your use of officialdb’s proprietary hosted platform and related
downloadable plugins to look up contact information for individuals or entities (each search, a “Lookup”,
and information returned by the Lookup, the “Lookup Information”). It describes our business
relationship, including the nature and limitations of the services we agree to provide to you and in what ways
you are permitted to use those services and/or the products of those services. For Users of our API, this
agreement applies to both you and end users of your website or application. Thus, by using the officialdb’s
website, APIs, products, or services (collectively, the “Services”), or Lookup Information, you agree to
be legally bound by these Terms and any and all terms of policies incorporated herein by reference, including
our Privacy Policy.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU
AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND
BY, THE TERMS, INCLUDING officialdb’S PRIVACY POLICY.
ARBITRATION NOTICE. You agree that disputes arising under these Terms will be resolved by binding,
individual arbitration as further described in Section 10, and BY ACCEPTING THESE TERMS, YOU AND officialdb
ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE
PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this
contract (except for matters that may be taken to small claims court). Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury.
If you do not agree to all the terms and conditions of this Agreement, you may not access or use the
Services or Lookup Information.
The Services and Lookup Information are available only to individuals who are at least 18 years old. By
using any of the Services, you warrant that you are at least 18 years of age. If you are not at least 18
years old, you must immediately leave this site and cease further use of any of our Services or Lookup
Information.
Your officialdb Account
If you create an account on the Services, you are responsible for maintaining the
security of your account, and you are fully responsible for all activities that occur under the account and
any other actions taken in connection with the account. You must immediately notify officialdb of any
unauthorized use of your account or any other breaches of security. officialdb will not be liable for any
acts or omissions by You, including any damages of any kind incurred as a result of such acts or
omissions.
By creating a officialdb account, you warrant that you are a human. Accounts
registered by “bots” or other automated methods are not permitted. You must provide your legal full
name, a valid email address, and any other information requested in order to complete the signup process.
You may not use your account, or the Services accessed under your account, for any illegal or unauthorized
purpose. You must not, in the use of the Services, violate any laws in your jurisdiction or the laws of any
jurisdiction under which the use of the Services or Lookup Information may be governed.
License Restrictions
You may not duplicate, copy, resell, reuse, exploit or reverse engineer any portion
of the Services without the written consent permission of officialdb.
You may not launch any automated system, including without limitation,
“robots,” “spiders,” or “offline readers,” that automates extraction of site content or
Lookup Information from the Services.
Without the prior written consent of officialdb, you may not develop or derive for
commercial sale or otherwise commercially exploit any data in any form that incorporates or uses the Lookup
Information, and you may not transfer or disclose the Lookup Information to anyone else.
officialdb does not endorse or support the use of its Services or Lookup
Information where such use would result in the user breaching any agreement the User has with a third-party.
By accepting these Terms, you warrant that you will not use officialdb Services or the products of our
Services, including Lookup Information, in violation of any third- party agreement, whether currently in
force or entered into following acceptance of these Terms.
officialdb reserves the right to refuse or rescind permission to use the Services
in the event we learn that a third-party contract has been breached or that use of the Services is likely to
result in such a breach.
Disclaimer of Warranties
Except where otherwise stated, the Services and Lookup Information are provided as.
While officialdb engages in a diligent practice of maintaining and updating the officialdb Services and
Lookup Information, we do not have control over the production, availability, or accuracy of third-party
data included or sought to be included as a part of the Lookup Information or otherwise as a product of the
Services.
Specifically, but not exclusively, officialdb does not warrant that:
the Services or Lookup Information will meet your requirements or
expectations.
the Lookup Information is accurate or complete;
the Services will be uninterrupted, timely, secure, bug or
error-free.
the calculations performed by the Services are accurate.
any errors or bugs in the Services or Lookup Information will be
corrected.
Limitation of Liability
In no event will officialdb, or its suppliers or licensors, be liable with respect
to any subject matter of this agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for
substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for
any amounts that exceed the fees paid by you to officialdb under this agreement during the three (3) month
period prior to the cause of action. officialdb shall have no liability for any failure or delay due to
matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable
law.
Indemnification
You agree to defend, indemnify, and hold harmless officialdb and its subsidiaries,
agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents,
officers and directors, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and
access to the Service, including Lookup Information or any other data or content transmitted or received by
you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of
the representations and warranties above; (iii) your violation of any third-party right, including without
limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law,
rule or regulation; or (v) any other party’s access and use of the Service with your unique username,
password or other appropriate security code.
Arbitration
Generally. In the interest of resolving disputes between you and officialdb in the
most expedient and cost effective manner, and except as expressly described herein, you and officialdb
agree that every dispute arising in connection with these Terms will be resolved by binding arbitration.
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge
or jury, may allow for more limited discovery than in court, and can be subject to very limited review by
courts. Arbitrators can award the same damages and relief that a court can award. This agreement to
arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether
based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of
whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY
ENTERING INTO THESE TERMS, YOU AND officialdb ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of this Section, nothing in these Terms will be
deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action
in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local
agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or
(d) to file suit in a court of law to address an intellectual property infringement claim.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt
out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending
a letter to officialdb, LLC, Attention: Legal Department – Arbitration Opt-Out, 1100 Bellevue Way NE, Ste. 8A, #91,
Bellevue, WA 98004 that specifies: your full legal name, the email address associated with your account on
the Services, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once
officialdb receives your Opt-Out Notice, this Section will be void and any action arising out of these
Terms will be resolved as set forth in Section 14(ii) (“Governing Law”) The remaining provisions of
these Terms will not be affected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and officialdb will be settled under the
Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its
Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and
filing forms are available online at https://www.adr.org/, by calling the AAA at +1-800-778-7879, or by
contacting officialdb. The arbitrator has exclusive authority to resolve any dispute relating to the
interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party who intends to seek arbitration must first
send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express
(signature required) or, only if that other party has not provided a current physical address, then by
electronic mail (“Notice of Arbitration”). officialdb’s address for Notice of Arbitration is:
officialdb, LLC, 1100 Bellevue Way NE, Ste. 8A, #91, Bellevue, WA 98004. The Notice of Arbitration must: (a) describe
the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”).
The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice of Arbitration is received, you or officialdb may
commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential
unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement
offer made by you or officialdb must not be disclosed to the arbitrator until after the arbitrator makes a
final decision and award, if any. If the arbitrator awards you an amount higher than the last written
settlement amount offered by officialdb in settlement of the dispute prior to the award, officialdb will
pay to you the higher of: (c) the amount awarded by the arbitrator and (d) US$10,000.
Fees. If you commence arbitration in accordance with these Terms, officialdb will
reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which
case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a
location to be agreed upon in the county and state of your residence or billing address, but if the claim is
for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of
documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an
in-person hearing as established by the AAA Rules in the county (or parish) of your permanent residence. If
the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous
or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to
reimburse officialdb for all monies previously disbursed by it that are otherwise your obligation to pay
under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must
issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the
payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either
party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND officialdb AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. Further, unless both you and officialdb agree otherwise, the arbitrator may
not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
Modifications to this Arbitration Provision. If officialdb makes any future change
to this arbitration provision, other than a change to officialdb’s address for Notice of Arbitration, you
may reject the change by sending us written notice within 30 days of the change to officialdb’s address for
Notice of Arbitration, in which case your account with officialdb will be immediately terminated and this
arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 10(vii) (“No Class Actions”) or the entirety of
this Section is found to be unenforceable, or if officialdb receives an Opt-Out Notice from you, then the
entirety of this Section will be null and void and, in that case, the exclusive jurisdiction and venue
described in Section 14(ii) (“Governing Law”) will govern any action arising out of or related to
these Terms.
Marketing and Feedback
If you are using the Services on behalf of a company, you grant (and you represent
and warrant that you have the authority to grant) officialdb, solely for marketing and sales purposes, an
unrestricted, perpetual, revocable, non-exclusive, fully-paid, royalty-free right to use your company’s name
and/or logos. These assets and logos will be used purely for marketing and sales efforts, such as being
displayed on the officialdb home page. The User has the right to revoke the license to use logo at any time
in its sole discretion by providing written notice to officialdb.
If you choose to provide input and suggestions regarding problems with or proposed
modifications or improvements to the Services, then you hereby assign to officialdb all right, title, and
interest in and to that feedback, including all intellectual property rights, and officialdb will be free
to exploit the feedback in any manner and for any purpose without compensation to you.
Changes
officialdb reserves the right, at its sole discretion, to modify or replace any
part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Services following the posting of any changes to this Agreement
constitutes acceptance of those changes. officialdb may also, in the future, offer new services and/or
features through the Services (including, the release of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions of this Agreement.
Miscellaneous
General Terms. These Terms, together with the Privacy Policy and any other
agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding
and agreement between you and officialdb regarding your use of the Services. You may not assign or transfer
these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without
our prior written consent. We may assign these Terms at any time without notice or consent. The failure to
require performance of any provision will not affect our right to require performance at any other time
after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these
Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of
Section headers in these Terms is for convenience only and will not have any impact on the interpretation of
any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part
will be given effect to the greatest extent possible, and the remaining parts will remain in full force and
effect.
Governing Law. These Terms are governed by the laws of the State of Washington
without regard to conflict of law principles. You and officialdb submit to the personal and exclusive
jurisdiction of the state courts and federal courts located within King County, Washington for resolution of
any lawsuit or court proceeding permitted under these Terms. We operate the Services from our offices in
Washington, and we make no representation that any materials included in the Services are appropriate or
available for use in other locations.
Additional Terms. Your use of the Services is subject to all additional terms,
policies, rules, or guidelines applicable to the Services or certain features of the Services that we may
post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated
by this reference into, and made a part of, these Terms.
Consent to Electronic Communications. By using the Services, you consent to
receiving certain electronic communications from us as further described in our Privacy Policy. Please read
our Privacy Policy to learn more about our electronic communications practices. You agree that any notices,
agreements, disclosures, or other communications that we send to you electronically will satisfy any legal
communication requirements, including that those communications be in writing.
No Support. We are under no obligation to provide support for the Services. In
instances where we may offer support, the support will be subject to published policies.
International Use. The Services are intended for visitors located within the United
States. We make no representation that the Services are appropriate or available for use outside of the
United States. Access to the Services from countries or territories or by individuals where such access is
illegal is prohibited.
OfficialDB is here to serve you
Contact Us
Email
[email protected]
Address
PO Box 55071
Boston, MA 02205-5071
Phone
(330) 574-1415
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