Active Duty Military Search - Terms of Service, Permitted Use, Legal Disclaimer & Limitation Of Liability

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Acceptance of Terms: Upon accessing this site, you acknowledge that you will or have read and agree to abide by the terms and conditions ("Agreement") described below. If you do not agree with any part of the terms and conditions in this Agreement, you must not use this site. Use by you or by any person authorized by you of this site indicates your agreement to these terms and conditions and any instructional material which we provide you regarding the services provided by this site ("Services"). Each time you place an order, you will agree to accept these Terms of Service and that such Terms shall be binding as to each order. You understand and agree that these Terms are essential to the agreement to provide service to you, and are fully disclosed to you each and every time you place an order for Services.

PERMITTED USE

The information provided by D.C. Registered Agent, Inc. t/a Servicemembers Civil Relief Act Centralized Verification Service, its parents, subsidiaries, and/or affiliates (collectively herein “DCRA”) may be governed by the provisions of the Gramm-Leach-Billey Act (“GLB Act”). The User certifies that the information secured from DCRA’s website is necessary to either a) effect administer or enforce a transaction including collections or b) for use by law firms or attorneys or by those with beneficial interests, or c) fraud detection or prevention. By utilizing the services of DCRA, you certify to DCRA that you are in, and assume full responsibility for, compliance with the provisions of the GLB Act and that you agree to indemnify, defend and hold harmless DCRA harmless from any error in this certification and from any breach of the GLB Act by you, your agents or contractors, and all damages, fees, and costs associated therewith, including reasonable attorney’s fees. The information received from DCRA may not be used as “Permissible Purpose” as defined by the Fair Credit Reporting Act to determine if any person is to be accorded credit, insurance or employment. Further, you authorize DCRA to effect any search as may be authorized under the Freedom Of Information Act.

DISCLAIMER

Your use and browsing of this site is at your own risk. DCRA does not make any warranty of content expressed, implied or intended. The condition of any information mentioned in our reports may change at any time. The information provided in our reports is for the exclusive use of the requester. Neither DCRA, nor any other party involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, special, punitive, or other damages of any kind arising out of your access to or use of this site, or the inability to use this site, whether caused by the equipment, software, DCRA, or by Internet browser providers, or by online service providers or by an agent or subcontractor of any of the foregoing that occur to any party as a result of services provided or as a result of the information that we provide, sell, disseminate, or display on our web site even if we have been advised as to the possibility of such damages.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TIMELINESS, ACCURACY, OR COMPLETENESS OF THE INFORMATION THAT WE PROVIDE THROUR OUR WEB SITE OR OVER THE TELEPHONE. WE RELY UPON THE INFORMATION SUPPLIED TO US BY GOVERNMENTAL AGENCIES AND THE RELIABILITY OF THAT INFORMATION IS OFTEN AFFECTED BY THE ADEQUACY OF THE INFORMATION SUPPLIED TO US BY OUR CLIENTS. WHILE DCRA MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION ON THIS WEB SITE, IT ASSUMES NO RESPONSIBILITY FOR ACCURACY. SOME INFORMATION PROVIDED TO YOU THROUGH THE USE OF THE SERVICES OR THIS WEB SITE MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR OMISSIONS, TYPOGRAPHICAL ERRORS, AND MAY BECOME OUTDATED.

In the event that, notwithstanding the disclaimers recited herein, DCRA is found to be liable to any party, DCRA’s liability is expressly limited to the amount paid for the service provided.

All matters between you and the person whose military status is being verified are strictly between the two of you.

This site may contain links to other websites on the Internet as an informational service to its readers, and not as an endorsement of the web site or of any product, service, or entity. All sites, which may be accessed through this site, are independent and are maintained by persons other than DCRA, its employees and agents. DCRA has no control over the contents of these linked sites. DCRA has not reviewed all of the sites linked to this site and is not responsible for the contents of any other sites linked to this site. Your linking to any other sites is at your own risk.

DCRA may change the information on this site, or the products mentioned, at any time without notice and without first updating the channels through which that information is provided to you. Nothing in those channels is intended to provide legal, accounting, tax or financial advice; you should consult your own professional advisor on such matters. Information about products and services which you do not already have with DCRA is provided for informational purposes only and should not be considered as an offer to make those products and services available to you.

This Agreement shall apply regardless of the means by which the site is accessed, including, but not limited to, through the URL address http://www.ServicemembersCivilReliefAct.com, electronic mail, or links from another site.

DCRA is in the business of providing information to individuals and businesses. The information that is provided is a matter of public record, is available to the general public, and there is no license required to obtain the information. DCRA is not licensed as a private investigative firm and therefore does not elaborate on results or reports that are provided.

DCRA does not maintain databases used for our "searches." Individuals wishing to correct any inaccuracies in the data should contact the governmental agencies themselves.

We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time wwithout explanation.

LIMITATION OF LIABILITY

DCRA charges very little for the Services it provides. There are many variables that may affect the accuracy of the information reported to you by the Service. Those include the accuracy of the information you provide and the integrity of the databases accessed by DCRA. To keep DCRA's costs to you at a minimum DCRA limits its liability. Notwithstanding anything to the contrary as may be set forth in these Terms of Service, DCRA's liability is limited to five (5) times the dollar amount paid for the particular search. For example, if you place a search and are charged $36.40 for that search, under no circumstances will DCRA's liability to you exceed $182. You agree to indemify DCRA for any and all claims, including reasonable attorneys fees, made by third parties that are alleged to be based upon incomplete or incorrect information which you may provide when ordering verifications or based upon your authority to request a verification.

PROGRAM REVISIONS CHANGES/INTERRUPTIONS IN SERVICES

We may, from time to time, revise or update, or perform maintenance upon, our Program, the Services, and/or related material, resulting in interrupted service or errors in the Services or rendering prior versions obsolete. We also may need to change the scope of our Services from time to time. We will attempt to provide prior notice of such interruptions and changes but cannot guarantee that such notice will be provided. We reserve the right to terminate this Agreement as to all prior versions of our Programs, the Services, and/or related material and limit access to our more recent versions and updates.

NO WAIVER - EXPANSIONS OF LIMIT OF LIABILITY AND DISCLAIMER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. You may contact DCRA to delete any limitations of liability or any disclaimers. All such requests will be considered on a case by case basis, will result in higher, negotiated search fees, and must be in writing and executed by an officer of DCRA, before searches are conducted, to be binding.

OWNERSHIP OF MATERIALS

The content and information on our site is copyrighted by D.C. Registered Agent, Inc. and the unauthorized reproduction or distribution of any portion is prohibited. Our logos and products are trademarked and servicemarked and may not be used without our permission. Trademarks or servicemarks of others that are referenced on our web site are the property of their respective owners. No part of these pages or screens may be copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you, without our prior written consent.

SEVERABILITY

If any provision of this Agreement is void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

AREA OF SERVICE

The Services described in this Agreement are solely offered to citizens and residents of the United States of America and may not be accessed while outside of the USAservicemarked and may not be used without our permission. Trademarks or servicemarks of others that are referenced on our web site are the property of their respective owners. No part of these pages or screens may be copied (except as strictly necessary for you to view these materials on your own computer), republished, redistributed, modified, or otherwise used or exploited by you, without our prior written consent.

ARBITRATION

In the event a dispute shall arise in any way related to the Services provided, it is hereby agreed that the dispute shall be referred to the American Arbitration Association ("AAA") for arbitration in accordance with the its rules. The arbitration hearing shall be conducted in the District of Columbia. The AAA shall appoint a single arbitrator who shall issue a standard award which may not provide for punitive or consequential damages. There shall be no depositions or written discovery permitted, except when the subject matter is damages. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.

The successful party in any arbitration shall be entitled to reasonable attorneys fees and costs (including all costs of arbitration). In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

GOVERNING LAW

This Agreement is governed by and interpreted in accordance with all applicable federal laws and the regulations and the laws of the District of Columbia which shall be the exclusive venue for all disputes.

D.C. Registered Agent, Inc. 1120 20^th St NW #S-300-RLK Washington, DC 20036 Tel. (202) 462-0600

The Servicemembers Civil Relief Act ("SCRA", successor to the Soldiers and Sailors Relief Act) accords certain protections and rights to individuals who are either on active military duty or recently retired. The purpose of the Act is to allow the servicemembers to perform their valuable duties without the worry of civil prosecution, foreclosure or eviction under most circumstances. Before a court will permit such actions, the court will require certification that a military search has been conducted to confirm that the individual is not entitled to the protections of the Act. Proof of that search is often in the form of a military affidavit, "non-military affidavit", or "nonmilitary affidavit".
The Servicemembers Civil Relief Act Centralized Verification Service (SCRACVS) is available on-line and permits SCRA searches even if no social security number or date of birth of the individual is available. In addition, SCRACVS provides full tracking, covers recently retired personnel, and provides unequivocal responses. The Defense Manpower Data Center (DMDC or DMDC.osd) is more limited as a resource because it is unable to conduct an unequivocal active duty military search unless a Social Security Number (SSN) is provided. If a d.o.b. alon e is provided, the DMDC will issue a strong disclaimer indicating that the military certification is not guaranteed if no SSN was provided. Some courts will not accept a response with such a disclaimer. The SCRACVS response generally does not include this disclaimer.