Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms" or "Agreement") constitute a legally binding agreement between you and OpenDataUSA ("we," "us," or "our") governing your access to and use of www.opendatausa.com (the "Website") and any services provided through the Website (the "Services"). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you are not authorized to access or use the Website and must immediately discontinue all use.

2. Description of Services

OpenDataUSA provides a free public data search platform that aggregates information from multiple databases and publicly available sources. Our search engine queries across various data points including:

• Public directories and people databases
• Business and corporate registrations
• Professional licenses and certifications
• Patent and intellectual property data
• Campaign contribution data
• Education and professional profiles
• Other publicly available information

All information provided through our Services comes from public sources and databases. We aggregate this information for convenience but do not create, verify, or guarantee the accuracy of any data.

3. Eligibility and User Obligations

By using this Website, you represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction
• You have the legal capacity to enter into this Agreement
• You will use the Services only for lawful purposes
• You will comply with all applicable federal, state, and local laws and regulations
• You will provide accurate information when using our Services

4. Prohibited Uses

You agree NOT to use the Website or Services to:

• Violate any applicable laws, regulations, or third-party rights
• Harass, abuse, stalk, threaten, or harm any individual
• Seek information about minors (individuals under 18 years of age)
• Make decisions about consumer credit, employment, insurance, tenant screening, or any purpose requiring FCRA compliance
• Engage in any fraudulent, deceptive, or misleading activity
• Transmit spam, chain letters, or other unsolicited communications
• Interfere with or disrupt the Website or servers
• Use automated systems or software to extract data from the Website
• Attempt to gain unauthorized access to any portion of the Website
• Resell or commercialize any information obtained from the Services without our prior written consent

5. Fair Credit Reporting Act (FCRA) Notice

OPENDATAUSA IS NOT A CONSUMER REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (FCRA), 15 USC §§ 1681 et seq.

The information provided through our Services may not be used for:

• Determining eligibility for credit, insurance, employment, or housing
• Any purpose that would require FCRA compliance
• Making decisions that could adversely affect any individual

You acknowledge and agree that you will not use any information obtained from our Services for any purpose prohibited by the FCRA or similar state laws.

6. NO GUARANTEE OF ACCURACY - IMPORTANT DISCLAIMER

WE DO NOT GUARANTEE THE ACCURACY OF ANYTHING ON THIS WEBSITE. The data on our site may not be accurate or complete, and should not be relied upon as such. The information on our site is provided by entities in the public domain, and is their representation, not ours.

The information available through our Services is obtained from third-party sources and public databases. We make absolutely no representations or warranties regarding:

• The accuracy, reliability, or completeness of any information
• The currency or timeliness of any data
• The identity or background of any person in our database
• The correctness of any addresses, phone numbers, or other details
• The validity of any public data or third-party data

Information may be outdated, incorrect, incomplete, or based on erroneous source data. You acknowledge that:

• We are merely aggregating publicly available information
• We do not verify, validate, or fact-check any data
• Errors in original sources will be reflected in our results
• You must independently verify ALL information before use
• You assume all risks associated with using this information

YOU AGREE TO USE THIS WEBSITE AND ANY INFORMATION AT YOUR OWN RISK. We expressly disclaim any and all liability for your use of or reliance on any information obtained through our Services.

7. Privacy and Data Removal

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of information as described in our Privacy Policy.

Opt-Out Process: If your information appears on our pages and you would like to opt-out, visit our opt-out page and provide the exact information you would like removed. We will endeavor to process your opt-out request within 2-5 business days. Please note:

• You must provide the exact information as it appears on our site
• Removal from our site does not remove information from original public sources
• We can only remove information from our own database
• Processing times may vary depending on request volume

8. Intellectual Property Rights

All content on this Website, including text, graphics, logos, images, and software, is the property of OpenDataUSA or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute any content without our prior written consent
• Use our trademarks or logos without authorization
• Remove any copyright or proprietary notices
• Create derivative works based on our content

9. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF INFORMATION

We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

10. MAXIMUM LIMITATION OF LIABILITY

TO THE ABSOLUTE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL HAVE NO LIABILITY WHATSOEVER. OPENDATAUSA, ITS OWNERS, OPERATORS, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• Any direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or reputational harm
• Personal injury, emotional distress, or property damage
• Any damages resulting from reliance on information
• Any damages from errors, omissions, or inaccuracies in data
• Any damages from identity theft or fraud
• Any consequential losses of any kind

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. We are not responsible for any damages that result from your use of this Website or reliance on any information, even if we have been advised of the possibility of such damages.

IN THE UNLIKELY EVENT THAT ANY LIMITATION OF LIABILITY IS FOUND UNENFORCEABLE, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY DOLLARS ($50) UNDER ANY CIRCUMSTANCES, REGARDLESS OF THE LEGAL THEORY OR NUMBER OF CLAIMS.

ALL INFORMATION AND SEARCHES ARE SUBJECT TO TERMS OF USE, LEGAL RESTRICTIONS, AND APPLICABLE LAW. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you. However, you agree that we have limited our liability to the maximum extent permitted in your jurisdiction.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenDataUSA, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including attorney's fees) arising from:

• Your use of the Website or Services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit or transmit through the Website

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

Any dispute arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration, rather than in court. This includes disputes about the validity, interpretation, or enforceability of this arbitration agreement.

The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the state where you reside, unless otherwise agreed.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

13. Class Action Waiver

You agree that any claims must be brought in your individual capacity and not as part of any class, consolidated, or representative action. The arbitrator may not consolidate multiple parties' claims or preside over any form of representative or class proceeding.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Website with an updated "Last Updated" date. Your continued use of the Website after any modifications constitutes acceptance of the revised Terms.

We recommend reviewing these Terms periodically for any changes.

15. Termination

We may terminate or suspend your access to the Website and Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in California.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely matches the intent of the original.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenDataUSA regarding the use of the Website and Services, superseding any prior agreements.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. The waiver of any breach shall not constitute a waiver of any subsequent breach.

20. Assignment

We may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without our prior written consent.