Virtual Detective - Terms & Conditions
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Terms & Conditions

Virtual Detective, Inc. (“Virtual Detective”) provides the website VirtualDetective.co.uk or mobile applications that link to or reference these Consumer Terms and Conditions (collectively, including all content and functionality available through VirtualDetective.co.uk and related domain names and any mobile applications, “VirtualDetective.co.uk”) to you (“You” or “Your”) subject to these Consumer Terms and Conditions (“Terms”) and subject to Virtual Detective’s other policies, including our Payment Policy, Privacy Policy and Cookie Policy, incorporated herein by reference. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit your remedies in the event of a dispute.

You accept these Terms by accessing or using VirtualDetective.co.uk in any manner, even if You do not create an Account with VirtualDetective.co.uk. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. You also represent and warrant that You (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

Virtual Detective may change these Terms at any time, including by adding new provisions or removing existing provisions, except as otherwise provided in these Terms. The most current version of these Terms can be accessed at https://www.virtualdetective.org/terms-of-use-consumer. By continuing to access or use VirtualDetective.co.uk, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE VIRTUALDETECTIVE.CO.UK

References to “Virtual Detective,” “You,” “we,” and “us” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by Virtual Detective.

1. Accounts and Logins

a) You represent and warrant that all information You provide in connection with the creation of an account with VirtualDetective.co.uk (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.

b) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.

c) If You believe that a third-party has gained access to Your Account, You agree to notify Virtual Detective by sending an email to legal@virtualdetective.co.uk. Virtual Detective reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Virtual Detective has no obligation to retain any data associated with Your Account.

d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.

e) To cancel Your Account at any time for any reason, You may do so through the Account page at https://www.virtualdetective.co.uk/user/account.

2. License to Use VirtualDetective.co.uk

a) Virtual Detective grants You a personal, non-exclusive, non-transferable, limited and revocable license to use VirtualDetective.co.uk subject to the Terms. You may use VirtualDetective.co.uk and information acquired from VirtualDetective.co.uk for personal use only, provided that such personal use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and is all times for lawful purposes. You may not use VirtualDetective.co.uk in a manner that exceeds the rights granted for Your use. Certain content provided on VirtualDetective.co.uk may be sourced from other third party sites and if noted, is subject to the Creative Commons Attribution-ShareALike License. Your use of any such content must also comply with those license terms.

b) Other than connecting to VirtualDetective.co.uk by http request using a web browser, You may not attempt to access Virtual Detective’s servers or VirtualDetective.co.uk by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Virtual Detective’s servers or VirtualDetective.co.uk. You may not use VirtualDetective.co.uk to compile data or images for use by any commercial entity.

c)You agree not to disrupt, modify or interfere with VirtualDetective.co.uk, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of VirtualDetective.co.uk. You further agree not to alter or tamper with any information or materials on or associated with VirtualDetective.co.uk.

d) You may not use VirtualDetective.co.uk or any information acquired from VirtualDetective.co.uk:

i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access VirtualDetective.co.uk;

ii) to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained from VirtualDetective.co.uk are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Virtual Detective does not scrub any phone numbers displayed on VirtualDetective.co.uk through the National Do Not Call Registry or any other do-not-call registries;

iii) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes.;

iv) in any manner that may violate any local, state, federal, or international privacy law to which You may be subject on the basis of Your location or the location of the person searched.

3. Assignments

a) Virtual Detective may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4. Information Available Through VirtualDetective.co.uk

a) Virtual Detective aggregates publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Public Information”). This Public Information may be made available to users through the VirtualDetective.co.uk people search.

b) Virtual Detective does not verify this Public Information. Virtual Detective does not evaluate each piece of information provided and makes no guarantees to Virtual Detective users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of VirtualDetective.co.uk, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through VirtualDetective.co.uk at Your own risk.

c) Court records are provided for informational purposes only. While we endeavor to provide you with the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. Virtual Detective shall not be liable for any errors or omissions on this site. Anyone who uses any information provided by Virtual Detective to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.

d) Virtual Detective does not allow individuals to opt-out (i.e. suppress display) of court records which pertain to them, unless an Order of Expunction or Sealing is provided. You may email a copy of any such Order to expungement@virtualdetective.co.uk. Virtual Detective will only suppress or delete only those records specifically noted in the Order. A conviction may be expunged, but unless the Order also specifies expungement of the associated arrest record, it will remain on our systems.

5. Syndication Tool

a) The Virtual Detective syndication tool permits You to aggregate private content from third-party social networks and websites all in one place. This tool requires You to provide Your login credentials for each third-party social network or website You would like to access through the tool.

b) By providing Your login credentials to Virtual Detective, You expressly request and authorize the Virtual Detective syndication tool to automatically login to these third-party social networks and websites as Your agent, for the purpose of aggregating content which You are authorized to access.

c) The Virtual Detective syndication tool stores aggregated content solely for the purpose of presenting it to You, the user who has provided the third-party login credentials. This content will not be stored or used for any other purpose and will be deleted within a reasonable period of time following the termination of Your use of the syndication tool.

d) You agree to defend, indemnify, and hold Virtual Detective, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from Your use of the Virtual Detective syndication tool.

6. Privacy Policy

a) Virtual Detective maintains a Privacy Policy describing its collection, retention, and use of information about users of VirtualDetective.co.uk. This policy can be accessed at https://www.virtualdetective.co.uk/privacy/terms, and is incorporated herein by reference.

7. Payment Policy

a) Virtual Detective maintains a Payment Policy regarding all payments made to Virtual Detective in connection with premium subscriptions. This policy can be accessed at https://www.virtualdetective.co.uk/payment-policy, and is incorporated herein by reference.

8. Communications from Virtual Detective

a) Once you create an account on our site or become a subscriber, you may, from time to time, receive e-mail communications from us about your account or features of our service. You may elect to opt-out of these communications at any time by following the instructions and link provided within the e-mail communication.

9. Links to Other Websites

a) You may find links to other Internet sites or resources on VirtualDetective.co.uk that offer content, goods, or services. You acknowledge and agree that Virtual Detective has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

10. Third Party Partners Terms of Use

a) Virtual Detective utilizes mapping functionality provided by Nokia Maps and Google Maps, which are subject to additional terms found at https://here.com/services/terms and https://maps.google.com/help/terms_maps.html, respectively.

b) Virtual Detective may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. Your use of this content may be subject to additional terms, including, but not limited to, the Creative Commons Attribution ShareALike License.

11. Virtual Detective’s Intellectual Property

a) Virtual Detective is the exclusive owner of trademark rights in the VIRTUAL DETECTIVE mark, copyright in the software used through VirtualDetective.co.uk, and except as otherwise noted herein, copyright in the VirtualDetective.co.uk screen displays, and all other rights in the VirtualDetective.co.uk website and technology under U.S. and international intellectual property laws.

b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

c) Except as expressly authorized by Virtual Detective, You agree not to use Virtual Detective’s trademark or any mark confusingly similar to the VIRTUAL DETECTIVE mark. You agree not to reproduce, distribute, display or create derivative works of any part of VirtualDetective.co.uk or any information presented to You through VirtualDetective.co.uk, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on VirtualDetective.co.uk, framing content from VirtualDetective.co.uk, or creating any unauthorized derivative work.

d) Virtual Detective uses third-party trademarks on VirtualDetective.co.uk to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and VirtualDetective.co.uk.

e) Virtual Detective Photos provides access to proprietary images owned by third parties and made available through a license to Virtual Detective. These images are protected by copyright law and are the intellectual property of the individual or company identified in each photo attribution. You agree not to use any automated tools to access or download these images and agree not to use or distribute these images for any commercial purpose. Virtual Detective’s licenses with these third party owners do not authorize Virtual Detective to provide You with any license to the photos. If You are interested in purchasing a license to any image available through Virtual Detective Photos You should contact the copyright owner directly. To contact ImageCollect click this link: https://imagecollect.com/contact-us.

f) Virtual Detective may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. Virtual Detective does not assert any copyright in these materials.

12. Submission of Confidential Information and Ideas; Submission of User Provided Content

a) From time to time users submit ideas to Virtual Detective for improving VirtualDetective.co.uk either by email or in the course of a customer care interaction. Virtual Detective has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Virtual Detective.

b) Portions of the content on VirtualDetective.co.uk are submitted by You and other users ('User Provided Content'), to which You may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to VirtualDetective.co.uk or any VirtualDetective.co.uk mobile applications, any posts you make on VirtualDetective.co.uk or any VirtualDetective.co.uk mobile applications, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, Virtual Detective may delete any content that we believe to be in violation of this Agreement. We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.

The decision to upload or share User Provided Content is Your responsibility and You should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, You represent and warrant that You have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request You agree to furnish Virtual Detective with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.

By submitting User Provided Content, You grant Virtual Detective a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Virtual Detective from any and all claims, liens, demands, actions or suits in connection with the User Provided Content You submit, including, without limitation, any and all liability for any use or nonuse of Your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if You stop using VirtualDetective.co.uk. Virtual Detective may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Virtual Detective a license to the User Provided Content as described above and Virtual Detective will own the digital version of documents created by Virtual Detective as well as any indexed information that Virtual Detective creates. Except for the rights granted in this Agreement, Virtual Detective acquires no title or ownership rights in or to any User Provided Content You submit and nothing in this Agreement conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable law, even if You stop using VirtualDetective.co.uk.

You acknowledge and agree that Virtual Detective may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Virtual Detective believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of VirtualDetective.co.uk, other users, or the public.

13. Intellectual Property Claims

a) If You believe that Your copyright has been infringed in any way by VirtualDetective.co.uk, promptly provide in writing the following information to info@virtualdetective.co.uk:

i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv) Information reasonably sufficient to permit Virtual Detective to contact You, such as an address, telephone number and e-mail address;

v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b) The Designated Agent for VirtualDetective.co.uk is:

Jason Matthes, General Counsel
Attn: DMCA Designated Agent
556 S. Fair Oaks Ave.
Suite # 101-179
Pasadena, CA USA 91105

c) If You believe that Your other intellectual property rights have been infringed in any way by VirtualDetective.co.uk, please provide a detailed description of the alleged infringement for further investigation via e-mail to info@virtualdetective.co.uk. Virtual Detective’s receiving, investigating, or responding to Your e-mail shall not constitute Virtual Detective’s agreement or verification of Your claim(s) nor any admission of liability therefor. Virtual Detective makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

14. Notification

a) Any notices to be given to Virtual Detective under these Terms shall be made in writing to legal@virtualdetective.co.uk

b) You agree that Virtual Detective can send You electronic notices to the e-mail address that You provided to Virtual Detective in creating Your Account or by displaying the notice on VirtualDetective.co.uk. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

15. Warranty

a) YOU USE VIRTUALDETECTIVE.CO.UK AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM VIRTUALDETECTIVE.CO.UK, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF VIRTUAL DETECTIVE HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, VIRTUAL DETECTIVE PROVIDES VIRTUALDETECTIVE.CO.UK, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND VIRTUAL DETECTIVE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

b) NO INFORMATION OR ADVICE PROVIDED ON VIRTUALDETECTIVE.CO.UK, BY VIRTUAL DETECTIVE, OR BY VIRTUAL DETECTIVE’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.

c) VIRTUAL DETECTIVE MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF VIRTUALDETECTIVE.CO.UK, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii) THAT VIRTUALDETECTIVE.CO.UK WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

iii) THAT VIRTUALDETECTIVE.CO.UK, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

iv) AS TO THE QUALITY OR VALUE OF ANY OF VIRTUAL DETECTIVE’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR

v) THAT ANY ERRORS ON VIRTUALDETECTIVE.CO.UK WILL BE CORRECTED.

16. Limitation of Liability

a) To the extent permitted by law, Virtual Detective shall have no liability, relating to Your use of (or connection to) VirtualDetective.co.uk, for:

i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;

ii)loss of business, profits, business information, or business interruption, or any other pecuniary loss; or

iii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

b) Virtual Detective reserves the right, at any time, in Virtual Detective’s sole and exclusive discretion, to amend, modify, suspend, or terminate VirtualDetective.co.uk, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Virtual Detective shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

c) In the event of any failure of the VirtualDetective.co.uk mobile application available through the Apple App Store, You may notify Apple, and Apple may refund the fees paid to You. However, to the maximum extent permitted by applicable law, Apple will have no other obligation whatsoever with respect to VirtualDetective.co.uk mobile application.

17. Indemnification

a) You agree to defend, indemnify, and hold Virtual Detective, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of VirtualDetective.co.uk.

b) Virtual Detective reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Virtual Detective. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Virtual Detective.

18. Choice of Law

a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of California shall apply.

b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

19. Agreement to Arbitrate

Please read this carefully. It affects your rights.

a) Disputes Subject to Arbitration. Virtual Detective and You agree to arbitrate all disputes and claims between us, including, but not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;

• claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and

• claims that may arise after the termination of this agreement.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.

Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (19)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.

(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Virtual Detective should be addressed to: General Counsel, Virtual Detective, Inc., 556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA USA 91105 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If Virtual Detective and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or Virtual Detective may commence an arbitration proceeding with the American Arbitration Association (“AAA”).

(c) Costs of Arbitration. Virtual Detective will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate an arbitration in accordance with the notice requirements of paragraph (19)(b) and are seeking relief valued at $300 or less (both to You and us), Virtual Detective will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Virtual Detective will pay all such fees in excess of $20. After Virtual Detective receives notice at the Notice Address that You have commenced such an arbitration, Virtual Detective will promptly reimburse you for any portion of the filing fee that you paid that Virtual Detective has agreed to pay..

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 AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.

(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects.

Unless Virtual Detective and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law.

Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Virtual Detective may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Virtual Detective agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND VIRTUAL DETECTIVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Virtual Detective agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Virtual Detective users. Neither You nor we may seek non-individualized relief that would affect other Virtual Detective users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if Virtual Detective makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.

20. Entire Agreement

a) These Terms and any Virtual Detective policies posted on VirtualDetective.co.uk constitute the entire contract between You and Virtual Detective and supersede all previous written or oral contracts. Except as provided in paragraph (19)(e), if any part of the Terms is held invalid or unenforceable, that portion shall 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 shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself. Apple, Inc. and its subsidiaries are intended third party beneficiaries of these Terms, and they are entitled to enforce these Terms.

Last Updated: April 15, 2019

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