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Terms

These Terms and Conditions were last updated on 2/13/16

For Users Submitting Cases and Traffic Tickets

First off, BernieSez.com is not a person, it's a website and native app run by a North Carolina Corporation called Legal Software Solutions, LLC. The colorful character figure you see on the web pages is a mascot and a trademarked image. You can call him “Bernie” if you want but he's still not a real person and not intended even to look like a real person. If he looks like you or someone you know, we think that's a compliment. But we assure you, it's totally accidental and coincidental.

Second, the BernieSez.com site and native app are cyber forums and meeting places (with some added features) designed to facilitate the usual and customary transactions which occur between lawyers and the folks who are looking to hire them (like you). As such, BernieSez.com doesn't make recommendations as to which attorney may be best for you and doesn't itself “rate” attorneys. Ratings functions are performed within the site's functionality by the folks who use BernieSez.com. And although lawyers who participate on BernieSez.com are subject to a preliminary check to make sure they are in good standing with the bar(s) of the state(s) where they practice, the ultimate decision to hire a particular lawyer is the user's (yours). Bear in mind also: BernieSez.com is not the only way to find and hire an attorney, so don't feel like if you don't find a good match for you here then you have exhausted all possibilities. There is still such a thing as Yellow Pages or Google or the Lawyer's Referral Service operated by the bar of the state you need a lawyer in.

Three: BernieSez.com doesn't get involved in disputes between you and any lawyer. Period. Disputes about fees or performance of the work the lawyer is hired to do are solely within the jurisdiction of the state courts and bar associations. We don't refund fees and we don't tell lawyers when we think they should or should not do so.

Fourth: By uploading your information (tickets, documents, making statements about your case etc) you are authorizing the site (BernieSez.com) to share that information with all attorneys who subscribe to the site and other licensed attorneys so that they may consider your case. Additionally, from time to time, the site's administrators may have to look at what you have submitted for various reasons. However, this information will not be divulged by BernieSez.com to third parties without your consent.

Five: As BernieSez.com grows and is refined, this agreement may also have to change and adapt as well. Thus, each time you use BernieSez.com you will be asked to “agree” to the terms and conditions, including any changes. We hope not to make this a big deal but want to let you know just in case.

Six: By using BernieSez.com you agree that you are the person who you say you are. That is, you cannot act as agent of another person for purposes of bidding cases. Ultimately the attorney who is hired is the one to decide he (or she) is really dealing with the ticket holder (or other such person who personally desires legal services) and not some “other” person. Even so, YOU (the user) by using the site are certifying that you are in fact the person named in whatever case or controversy who is seeking services of a lawyer.

Seven: By using the site you agree that you will act in good faith and that you will not use the site for any illegal or unethical purpose (whatever that may be). You also agree that, when you accept an offer from a lawyer to do work, that you do in fact actually intend to engage that lawyer in a contract for his or her services. If after you have accepted a bid and hired the bidding lawyer you want to get out of the deal, that is ENTIRELY between you and the lawyer (and the bar and the court as the case may be). As stated above, BernieSez.com doesn't get involved in any disputes between the lawyer and the client; we just facilitate their hooking up.

Eight: Violation of any of these or any current rules (and the administrators of BernieSez.com are the only ones who can say if you have violated a rule) will be grounds for suspension or limitation of future use of the site. For that matter, even if you do something that is not specifically contemplated by these or any current rules, BernieSez.com administrators in their sole discretion may limit in whole or in part your access to the site.

Nine: You specifically authorize BernieSez.com administrators to contact you by snail mail, email, and phone for purposes related to the utilization of the site and the native app, and refinement thereof.

Ten: You agree that the laws of North Carolina apply and shall govern in all matters concerning BernieSez.com, your use of BernieSez.com, this user agreement, and any disputes which may arise thereunder. Furthermore, you agree that such disputes shall be submitted to arbitration and that said arbitration shall only occur in Raleigh, Wake County, North Carolina.

For Lawyers

First off, BernieSez.comis not a person, it's a website and native app run by a North Carolina Corporation called Legal Software Solutions, LLC. The colorful character figure you see on the web pages is a mascot and a trademarked image. You can call him “Bernie” if you want but he's still not a real person and not intended even to look like a real person. If he looks like you or someone you know, we think that's a compliment. But we assure you, it's totally accidental and coincidental.

Second: By using BernieSez.comyou agree that you will be bound by and subject to the rules of professional conduct in the states in which you practice and that in all things that concern your use of the site, that you will comport yourself in a manner which is ethical and professional. The administrators of BernieSez.com reserve the sole and exclusive right to suspend or limit access where they determine that violations of these principles have occurred.

Three: BernieSez.comdoesn't get involved in disputes between you and your clients. Period. Disputes about fees or performance of the work the lawyer is hired to do are solely within the jurisdiction of the state courts and bar associations and is within their exclusive province.

Fourth: In your use of BernieSez.com, you may be uploading documents and otherwise responding to that which has been submitted by non-lawyer users who are looking for lawyers to handle their cases. This information shall be made available only to the person or persons to whom you intend. From time to time, the site's administrators may have to look at what you have submitted for various reasons to ensure the continued integrity of the site and to aid in its design and refinement. However, this information will not be divulged by BernieSez.comto third parties without your consent. You will be notified when any administrator desires to look at your information.

Five: As BernieSez.com grows and is refined, this agreement may also have to change and adapt as well. Thus, each time you use BernieSez.com you will be asked to “agree” to the terms and conditions, including any changes. We hope not to make this a big deal but want to let you know just in case.

Six: By using BernieSez.comyou agree that you are a lawyer in good professional standing in the state or states in which bids are solicited or accepted and that you are professionally competent to represent the cases for which your bids are submitted. You herewith authorize BernieSez.comto make such inquiries as may be necessary or expedient to ascertain your professional standing (including but not limited to checking with your state's bar). BernieSez.com reserves the sole and exclusive right to deny or limit access to any lawyer.

Seven: By using the site you agree that you will act in good faith and that you will not use the site for any illegal or unethical purpose (whatever that may be). You also agree that when your bid is accepted, you do in fact actually intend to engage that client in a contract to perform legal services (the precise content of which may be expressed in a written contract that you require the client to consent to). If after your bid is accepted you want to get out of the deal, that is ENTIRELY between you and your client (and the bar and the court as the case may be) subject to the terms of your fee contract with that client. As stated above, BernieSez.com doesn't get involved in any disputes between the lawyer and the client; we just facilitate their hooking up. You also agree that, when your bid is accepted by a client, any lawyer user-fee which is based on an accepted-bid basis, is at that time due and payable, subject to such other and further agreements defining your particular site usage fee agreement.

Furthermore, that such user fee is not contingent upon your continuing representation of that client or whether any fee is refunded by you to that client for any reason. You agree not to engage in any practice (or counsel any other person to do so) that thwarts this purpose (e.g., the lawyer may not contact the client “outside of the site” in order to circumvent his or her fee agreement with BernieSez.com or Legal Software Solutions, LLC).

Eight: Violation of any of these or any current rules (and the administrators of BernieSez.com are the only ones who can say if you have violated a rule) will be grounds for suspension or limitation of future use of the site. For that matter, even if you do something that is not a specific violation contemplated by these or any current rules, BernieSez.com administrators in their sole discretion may limit in whole or in part your access to the site.
Nine: You specifically authorize BernieSez.comadministrators to contact you by snail mail, email, and phone for purposes related to the utilization of the site and the native app, and refinement thereof.

Ten: You agree that the laws of North Carolina apply and shall govern in all matters concerning BernieSez.com, your use of BernieSez.com, this user agreement, and any disputes which may arise thereunder. Furthermore, you agree that such disputes shall be submitted to arbitration and that said arbitration shall only occur in Raleigh, Wake County, North Carolina.

For Users Using the PeopleWatch System

Thank you for visiting the website located at www.BernieSez.com for downloading the BernieSez App, or for visiting another BernieSez.com website or downloading another BernieSez mobile application that links to and utilizes this Privacy Policy (all these platforms are collectively referred to as the “Site”). The Site is a web-based property of Legal Software Solutions, LLC (“BernieSez”, “Legal Software Solutions,” “PeopleWatch Feature”, “we,” “our,” or “us” will be used interchangeably herein and as the context requires) that provides services that allow users to search for information as permitted by these Terms and Conditions, such as to learn what information is in their own public records, or to learn about the backgrounds of potential roommates, online dates, kid’s coaches, or online buyers or sellers and other such persons, and more specifically, to continuously monitor these persons for newly-charged traffic and criminal cases in North Carolina.

HOWEVER: BERNIESEZ DOES NOT PROVIDE PRIVATE INVESTIGATOR SERVICES, AND IS NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT (“FCRA”) BECAUSE THE INFORMATION PROVIDED BY BERNIESEZ IS NOT COLLECTED OR PROVIDED, IN WHOLE OR IN PART, FOR THE PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING A PERSON’S ELIGIBILITY FOR (a) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES; (b) EMPLOYMENT PURPOSES; OR (c) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. BERNIESEZ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER THE FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Scope

These Terms and Conditions apply to you when you: (a) access, view, download, or otherwise use any page on the Site other than the home page located at www.BernieSez.com; and/or (b) submit any online registration information, which enables you to utilize any service(s) made available by us to those who have registered by and through the Site. By engaging in either of these actions, you acknowledge and agree that you (a) have read, understand, and agree to be bound by these Terms and Conditions in their entirety; (b) consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through the site or through any other interactions with BernieSez; and (c) waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require (i) an original signature, (ii) delivery or retention of non-electronic records, or (iii) payments or the granting of credits in ways other than through electronic means. The Site and its Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. If you are under eighteen (18) years of age or do not agree to these Terms and Conditions in their entirety, GO AWAY NOW! Do not access, view, download, or otherwise use any page on the Site other than the home page located at www.BernieSez.com, and do not submit or complete (or even begin) an online registration. The BernieSez Privacy Policy (“Privacy Policy”) is part of these Terms and Conditions and is incorporated herein by this reference. By accepting these Terms and Conditions you agree to the collection and use of your information by the Site as described in the Privacy Policy. Any requests to remove your information from any portion of the site is and will be governed by the procedures described in the Privacy Policy. Click here to view the Privacy Policy.

Modifications to These Terms and Conditions

BernieSez may modify these Terms and Conditions, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms and Conditions to the Site and, if you are registered on the site, by directly communicating them to you when you log in to the Site; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees and Billing section shall not apply to any charges incurred prior to the applicable modification. By not terminating your BernieSez account (“Account”) within seven (7) days after receiving a notice of modifications to the Terms and Conditions as described above or by continuing to use or access the Site or any Services which the site provides after modified Terms and Conditions are posted to the Site, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions.

If, prior to the effective date of these Terms and Conditions, you registered to use BernieSez.com and consented to an earlier iteration of terms governing your use of the site, your continued use of the site is now subject to these present Terms and Conditions, which supersede all prior Terms and conditions, subject to the limitations described in the preceding paragraph.

Restrictions on Your Use of the Site and Information Obtained from BernieSez

BernieSez, and in particular, the BernieSez PeopleWatch feature, is a database of publicly available sources of information aggregated for your convenience. Through BernieSez, end-user visitors to the Site (“Users”) can view or execute certain media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, software, and other materials posted to or made available through the Site (collectively we call it “Content”) as compiled, distributed, and displayed by BernieSez and other third-party content providers (“Third-Party Providers”) including, but not limited to, third-party websites or services that provide information about individuals (we call these individuals “Search Subjects”) that can be searched for and accessed through the Site. You are granted a non-exclusive, non- transferable, revocable, and limited license to access and use the Site, Content, Features, and in accordance with these Terms and Conditions.

BernieSez May Terminate this License at Any Time for Any Reason

As a condition to access the Site, and without limiting the generality of the foregoing, you agree that, unless otherwise expressly authorized by these Terms and Conditions or in writing by BernieSez, you will not:

    1. Conduct any BernieSez PeopleWatch searches or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject for purposes prohibited under the FCRA;

Because BernieSez is not a Consumer Reporting Agency, you are prohibited under the FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through BernieSez PeopleWatch, as a factor in determining the Search Subject’s eligibility for:

    • Employment. Including, but not limited to, when evaluating a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers).
    • Tenancy. Including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject.
    • Educational Admission or Benefits. Including, but not limited to, assessing a Search Subject’s qualifications for an educational program or scholarship.
    • Personal Credit, Loans, or Insurance. Including, but not limited to, assessing the risk associated with providing credit, a loan, or insurance based on a Search Subject’s existing debt obligations.
    • Business Transactions Initiated by an Individual Consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account. 
Using information about a Search Subject obtained from BernieSez in these ways violates both these Terms and Conditions and the law, and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If you are not sure whether your desired use of information obtained from BernieSez complies with these restrictions, please contact us at terence@berniesez.com before conducting any PeopleWatch searches or otherwise obtaining information about a Search Subject from BernieSez.com.
  1. Use the Site, its features, or Content, including, but not limited to results of searches conducted using PeopleWatch feature: (a) in violation of any applicable foreign or domestic laws, statutes, rules, regulations, or judicial decrees; (b) in a manner that does or is intended to cause emotional or physical harm to, discriminate against, or “stalk” or otherwise harass any other person; (c) to seek information about or harm minors in any way; (d) to seek information about celebrities or public figures; (e) to produce or distribute any libelous, obscene, or indecent material; or (f) to infringe upon the legal or proprietary rights of any third parties (including, but not limited to, copyright, patent, trademark, trade secret, and other intellectual property rights; publicity rights; and privacy rights);
  2. Distribute, transmit in any way to any other computer, website, or other medium, or otherwise provide any data or other material posted to or made available by or through the Site, including, but not limited to, Content and results of PeopleWatch searches, in any way to any third party. You must treat such material as confidential information, and take all reasonable steps to ensure that such material is stored in a secure manner;
  3. Provide or submit any information or data to BernieSez or conduct any PeopleWatch searches concerning Search Subjects that you are not authorized to provide, submit, or conduct;
  4. Directly or indirectly reproduce, create, compile, or incorporate any part of the Site including, but not limited to, Content, PeopleWatch searches, or any data produced on or by this site, into any database, collection, compilation, directory, or information retrieval system, electronic or otherwise;
  5. Use, copy, reproduce, record, retransmit, emulate, clone, sell, rent, lease, decompile, disassemble, reverse engineer, broadcast, distribute, publish, upload, post, publicly display, perform, digitize, compile, or translate any part of the Site, its Content, its data, or other material posted to or made available by or through the Site for any commercial purpose or for any purpose that is competitive, to be determined by and at BernieSez’s sole discretion, to BernieSez;
  6. Access the Site through any automated or manual process for the purpose of monitoring the Site’s performance, functionality, or availability for any commercial purpose;
  7. Access, retrieve any data from, or otherwise perform any other activities on or through the Site using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders);
  8. Create any “derivative works” by altering any aspect of the Site, its Content, its PeopleWatch searches, or any such other digital information;
  9. Use the Site, its Content, data, digital information, or results of PeopleWatch searches, or any of the site’s features in conjunction with any other third-party content;
  10. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site, or to bypass, disable, or block any portion of the Site, associated software, or any BernieSez server or computer system;
  11. Take any action that, as determined in BernieSez’s sole discretion, imposes an unreasonable or disproportionately large load on the Site infrastructure;
  12. Forge any instructions coming from your computer or otherwise obfuscate the name or location of your computer or IP address in order to disguise the origin of any communication you transmit to or through the Site;
  13. Publish a link to a BernieSez’s web page other than BernieSez’s home page (known as “deep-linking”;
  14. Cover or otherwise obfuscate any advertisement located on BernieSez; or
  15. Simulate the appearance or function of BernieSez on another website, such as through “framing” or “mirroring.”

Our Obligations

We allow you to access the Site as it may be available at any given time and have no other obligations, except as expressly stated in these Terms and Conditions. You are solely responsible for your use of the Site and any information you obtain from the Site. BernieSez reserves the right, but undertakes no obligation, to:

  1. Monitor, review, or otherwise police your or others’ use of the site, the BernieSez PeopleWatch feature, or the associated information made available by registrants during the registration process (“Registration Data”);
  2. Moderate any dispute between you and any other third party, including, but not limited to, disputes with other visitors, registered users, or Search Subjects;
  3. Verify the identity of any person using the Site, including any Visitor who applies to be a registered user, as well as the purpose(s) for which any Visitor or registered user is using the Site.

Proprietary Rights

The proprietary rights to all Content, including, without limitation, the BernieSez PeopleWatch search results, and any rights in the design, selection, arrangement, compilation, and coordination of such Content, are owned by or licensed to Legal Software Solutions, LLC and are protected under applicable laws (including, but not limited to, copyright, trademark, and other intellectual property laws). Except as expressly provided in these Terms and Conditions or with BernieSez’s express written consent, you are not granted any rights or licenses to use any patents, copyrights, trade secrets, rights of publicity, or trademarks of Legal Software Solutions, LLC or with respect to any of the Content. The “BernieSez” name and logo are trademarks of Legal Software Solutions, LLC. All custom graphics, icons and service names are trademarks of Legal Software Solutions, LLC. All other trademarks are the property of their respective owners.

BernieSez reserves any and all rights not explicitly granted in these Terms and Conditions. By using the Site, you do not acquire any ownership rights to the Site, its services, features, Content, or any other information obtained from the Site.

Your Grant of License

You grant to BernieSez, subject to the Privacy Policy, an irrevocable, perpetual, royalty-free, worldwide, unlimited, assignable, sublicenseable, fully-paid-up license to copy, distribute, publish, prepare derivative works of, commercialize, retain, analyze, and otherwise use, in any way now known or in the future discovered and without any obligation to notify, identify, or compensate you or anyone else, any information, ideas, concepts, comments, feedback, Content, Registration Data, and other materials that you submit, directly or indirectly, to BernieSez through the Site, including, but not limited to, any information associated with Search Subjects and any ideas or suggestions regarding the Site or the Services provided to users. By submitting such information or materials to us, you represent and warrant that your submission and BernieSez’s use of your submission do not and will not breach any agreement, violate any law, or infringe any right of any third party (including, but not limited to, privacy and intellectual property rights), and that the information you submit is accurate. BernieSez does not solicit ideas, concepts, or other materials from you regarding improvement of the Site or services provided through the Site and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, concepts, or materials.

Registered User Requirements and Conditions

By submitting a complete and accurate online registration form to become a registered user agreeing to these Terms and Conditions, and receiving approval from BernieSez, Visitors can, for a fee, obtain an Account. Among other things, registered users are able to, subject to the restrictions contained in these Terms and Conditions and for the applicable fees, conduct BernieSez PeopleWatch searches.

The following provisions apply to you only to the extent that you submit an registration and, if your registration is approved and your account is activated, your use of the site and its features:

  1. Registration
    To join the Site and be a registered user, you must be at least eighteen (18) years of age with the requisite equipment and Internet connection to access the site and its features. BernieSez will evaluate your information and notify you of your registration’s acceptance or rejection. If at any time any of the information you supply as part of your registration changes, you must immediately inform BernieSez of these changes. BernieSez may reject your registration and/or terminate your Account at any time and for any reason, in BernieSez’s sole discretion. If you elect to submit registration information, you acknowledge that you have independently evaluated the desirability of obtaining the Services the site provides and that you have not relied on any representation or warranty other than those set forth in these Terms and Conditions.
  2. Account Username and Password
    You may be required to register for a username or obtain a password prior to obtaining access to any part or feature of the site. You acknowledge and agree that you are responsible for maintaining the security and confidentiality of your username and password,

    • you will not use any other registered user’s username and password to access that user’s Account,
    • you will not permit others to access your Account, and
    • you will not sell, trade, or otherwise share your username and password with any other person. If you violate any of these provisions, you agree that you are responsible for any actions that occur through your Account, whether or not taken by you.
  3. Term and Termination
    BernieSez reserves the right, in its sole discretion, to restrict, suspend, or terminate your Account, with or without cause. You may, in your sole discretion, terminate your Account upon forty-eight (48) business hours’ prior written notice to BernieSez.Upon any expiration, termination, restriction, or suspension of your Account or your participation in the services that we provide:

    • Any and all licenses and rights granted to you in connection with these Terms and Conditions shall immediately cease and terminate;
    • Any and all confidential or proprietary information of BernieSez that is in your possession or control must be immediately returned or destroyed. If requested by BernieSez, you or an authorized agent will certify in a signed writing that all such confidential and proprietary information has been returned or destroyed; and
    • You shall remit payment on any and all fees then due and owed to BernieSez within five (5) days of any such expiration or termination. 
Obligations that, by their nature, would survive any termination or expiration of the Account shall survive any termination or expiration of the Account.
  4. Fees and Billing
    If you wish to use or purchase any product or service through the Site, you will be presented with the applicable fees and billing arrangement prior to your purchase, which may include the charging of fees to a payment card on a recurring basis. In addition to those fees, you shall be responsible for paying any and all applicable sales or use tax due to any and all taxing authorities arising from, or in connection with, your use of the Services. BY SUBMITTING PAYMENT, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.

By supplying payment card information, you authorize our use of such information in accordance with our Privacy Policy, including, but not limited to, our provision of such information to third parties for the purposes of payment processing. You also understand and acknowledge that BernieSez may use a third-party payment processor to process credit card payments on our behalf, and when you supply payment information in connection with a purchase you agree that BernieSez is not responsible for the security of such information when it is in the control of any such third- party payment processor.

Failure to use the Services we provide does not constitute a basis for refusing to pay any of the associated fees. Upon prior written notice to you (with e-mail constituting sufficient written notice), BernieSez reserves the right in its sole discretion to change its pricing or billing practices. By not terminating your Account within seven (7) days after receiving such notice, you agree to comply with, and be bound by, the new pricing or billing practices. If you do terminate your account, you will remain responsible for timely payment of any and all fees that you have already incurred (including any applicable late fees).

If you fail to make any scheduled payment for accrued fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Your Account may be deactivated, and access to the Site denied, for non-payment.

Indemnification

You agree to indemnify and hold BernieSez, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the Site or any Content you obtain through the Site, including, but not limited to, information obtained through use of PeopleWatch feature and other information about Search Subjects; (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws or any rights of another individual or entity; or (c) any claim that BernieSez is obligated to pay any taxes in connection with your use of the Site, the Services we offer, or otherwise. The provisions of this paragraph are for the benefit of BernieSez, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective officers, directors, members, employees, agents, shareholders, co-branders, licensors, suppliers, contractors, attorneys, and other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on his, her, or its own behalf.

Disclaimer of Warranties

THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, PEOPLEWATCH SEARCH RESULTS, SERVICES PROVIDED TO REGISTERED USERS, AND ANY OTHER BERNIESEZ PRODUCTS OR SERVICES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE). DO NOT RELY ON THE SITE, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BERNIESEZ AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BERNIESEZ PEOPLEWATCH SEARCH RESULTS, OTHER SERVICES WE PROVIDE, OR ANY OTHER BERNIESEZ PRODUCTS OR SERVICES:

  1. WILL ACHIEVE ANY PURPOSE FOR WHICH YOU INTENDED TO USE BERNIESEZ;
  2. WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE (INCLUDING, BUT NOT LIMITED TO, DUE TO SYSTEM OR NETWORK FAILURES, UPDATES, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, MAINTENANCE, OR MALICIOUS ATTACKS), OR THAT DEFECTS OR ERRORS WILL BE CORRECTED;
  3. WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  4. WILL EMPLOY SECURITY METHODS THAT GUARANTEE THAT YOU WILL NOT EXPERIENCE INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SITE, OR THAT GUARANTEE THAT YOUR RIGHTS WILL NOT BE INFRINGED; OR
  5. WILL BE 100% ACCURATE, COMPLETE, AND UP-TO-DATE. THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BERNIESEZ PEOPLEWATCH SEARCH RESULTS, SERVICES PROVIDED TO REGISTERED USERS AND ANY OTHER BERNIESEZ PRODUCTS OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. BERNIESEZ AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION YOU USE TO ACCESS THE SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERNIESEZ, ANY MEMBERS, THIRD-PARTY PROVIDERS, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND BERNIESEZ DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERNIESEZ AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO- BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BERNIESEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO:

  1. THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, BERNIESEZ PEOPLEWATCH SEARCH RESULTS, SERVICES PROVIDED TO REGISTERED USERS, OR ANY OTHER BERNIESEZ PRODUCTS OR SERVICES;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY BERNIESEZ PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE;
  3. THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY BERNIESEZ; AND
  4. ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER BERNIESEZ PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.

YOU HEREBY RELEASE BERNIESEZ AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO- BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, RESULTS OF BERNIESEZ PEOPLEWATCH SEARCHES, SERVICES PROVIDED TO REGISTERED USERS, OR ANY OTHER BERNIESEZ PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR BERNIESEZ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BERNIESEZ. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Links to Third Party Websites and Advertisers

The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use BernieSez’s name and logo on their websites. BernieSez does not control the information, products, or services available on or through these third party websites. The inclusion on the Site of a third-party link does not imply endorsement by BernieSez of the applicable website or any association with the website’s operators. Because BernieSez has no control over such websites, you agree that BernieSez is not responsible or liable for the availability or the operation of such websites, for any material located on or available through such websites, or for the data practices of such websites, which shall be subject to those websites’ policies and terms. If you click on any third-party advertisements on the Site, participate in any promotions offered by such advertisers, or purchase any goods or services from such advertisers, any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the applicable advertiser or other third party, and you agree that BernieSez shall not be responsible or liable, directly or indirectly, for any loss or damage you suffer through your dealings with or based on your reliance on any material made available by such advertisers.

Arbitration and Dispute Resolution

These Terms and Conditions shall be treated as though they were executed and performed in Raleigh, NC and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles).

At BernieSez, we expect that our customer service team will be able to resolve most complaints you may have regarding our products and services. If you have such a complaint, you can contact our customer service team as described in the “How to Contact Us” section below. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and BernieSez agree to the following resolution process for all disputes and claims that you or BernieSez have arising from our provision or your use of any of the services provided to our registered users, including those which concern the PeopleWatch feature (each a “Service Claim”).

In an attempt to find the quickest and most efficient resolution of any Service Claim, you and BernieSez agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include

  • a description of the Service Claim and
  • a proposed resolution (together, the “Claim Notice”). If you want to raise a Service Claim, you must send your Claim Notice by certified mail to us at: BernieSez, Attn: Legal Department, P.O. Box 4, Raleigh NC 27602.

If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If BernieSez wants to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, BernieSez will send our Service Claim to you through a means that complies with the service of process rules of the State of North Carolina.
IF YOU AND BERNIESEZ DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND BERNIESEZ AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE.

AS AN EXCEPTION TO THIS ARBITRATION REQUIREMENT, EITHER PARTY HAS THE RIGHT TO

  • PURSUE A SERVICE CLAIM IN NORTH CAROLINA SMALL CLAIMS COURT OF APPROPRIATE JURISDICTION, OR
  • PURSUE AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRETS, AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN RALEIGH, NORTH CAROLINA. BOTH BERNIESEZ AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN RALEIGH, NORTH CAROLINA IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND BERNIESEZ AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED FOREVER AND PERMANENTLY.

YOU AND BERNIESEZ ALSO AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

Rather than force everyone to visit us in Raleigh, if you can demonstrate to us that arbitration in Raleigh would create an undue burden to you, we will allow you to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in Raleigh, North Carolina. Any disagreements regarding the forum for arbitration will be settled by the arbitrator.

When the 30-day period described above has elapsed, you may initiate the arbitration through the process described in the AAA’s Consumer Rules. If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Rules. Regardless of who initiates the arbitration, BernieSez will pay any other arbitration fees, including your share of arbitrator compensation.

IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND BERNIESEZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR SERVICE CLAIMS THAT ARE COVERED BY THIS “ARBITRATION AND DISPUTE RESOLUTION” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

If the arbitrator rules against BernieSez, in addition to accepting whatever responsibility is ordered by the arbitrator, we think it’s fair that BernieSez reimburse your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. In addition, if the arbitrator rules in BernieSez’s favor, we will not seek reimbursement of our attorneys’ fees and costs, regardless of who initiated the arbitration. If you're not sure what all of this means, of course please feel free to ask an attorney.

Equitable Relief

You agree that any breach or threatened breach of these Terms and Conditions or any unauthorized or unlawful use of the Services we provide would result in irreparable injury to BernieSez for which monetary damages would be inadequate. In such event, BernieSez shall have the right, in addition to other remedies available to it at law and in equity, to immediate injunctive relief without the need to post a bond. Nothing contained in these Terms and Conditions shall be construed to limit any legal or equitable remedies available to BernieSez.

Entire Agreement

These Terms and Conditions, the Privacy Policy, and all other applicable operating rules, policies, price schedules, and other supplemental terms and conditions or documents that may be published or agreed upon by you from time to time, which are expressly incorporated herein by reference, shall constitute the entire and only agreement between you and BernieSez with respect to your use of the Site.

This agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to your use of the Site and the content contained therein.

To the extent that any information or material that appears on or is posted to the Site, or otherwise is made available by BernieSez, contains any representation, term, or condition that is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence unless the new representation, term, or condition is contained in a signed writing by a duly appointed officer of BernieSez.

Force Majeure

Other than for payment obligations, neither party will be liable for, or be considered to be in breach of, these Terms and Conditions on account of either party’s delay or failure to perform as required under these Terms and Conditions as a result of any causes or conditions that

  1. are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural occurrences; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; and
  2. the party is unable to overcome through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs, the affected party will give the other party notice and will use commercially reasonable efforts to minimize the impact of any such event.

Severability

If any provision of these Terms and Conditions is held invalid or unenforceable by any applicable court decision, that provision shall be changed and interpreted so as to best accomplish the objectives of the invalid or unenforceable provision within the limits of applicable law or the applicable court decision, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

Waiver

BernieSez’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of BernieSez’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Any waiver of a provision of these Terms and Conditions must be contained in a signed writing by a duly appointed officer of BernieSez.

Misconduct

BernieSez reserves the right to restrict, suspend, or terminate your Account or access to the Site if we determine, in our sole and absolute discretion, that you have violated these Terms and Conditions.

Transferability

These Terms and Conditions will be binding on, inure to the benefit of and be enforceable by BernieSez’s successors and assigns. You are not permitted to transfer, assign, or delgate any rights or obligations pursuant to these Terms and Conditions unless contained in a signed writing by a duly appointed officer of BernieSez, and BernieSez reserves the right to immediately terminate your use of the Site and any Services we provide if you attempt to do so.

Your Relationship with BernieSez

Nothing in these Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between BernieSez and you or any other party. You have no authority to make or accept any offers or representations on behalf of BernieSez.

Notices

BernieSez may provide legal and other notices to you, in BernieSez’s sole discretion, by

  1. posting such notices or links to such notices on the Site, or
  2. sending a notice by e- mail, postal mail, overnight courier, or facsimile to any contact address or number that you have provided to BernieSez. If you wish to provide notice to BernieSez, you shall send such notice, postage prepaid by U.S. registered or certified mail or by international or domestic overnight courier, to: BernieSez ATTN: Legal Notices, P.O. Box 4, Raleigh, NC 27602. Notices you send by e-mail or facsimile, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in a signed writing by a duly appointed officer of BernieSez.

How to Contact Us

Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms and Conditions or the practices of BernieSez, or if you would like to register a complaint, notify BernieSez of a dispute, notify BernieSez of inaccurate or misleading information, or notify us of improper use of the BernieSez PeopleWatch feature, please feel free to contact us at (919) 819-4950 or terence@berniesez.com or by mail at: BernieSez ATTN: Notices P.O. Box 4, Raleigh, NC 27602

Privacy Policy

 

This Privacy Policy was last updated on 2/14/16

 

Thank you for visiting the website located at www.BernieSez.com, for downloading the BernieSez PeopleWatch App, or for visiting another BernieSez website or downloading another BernieSez mobile application that links to and utilizes this Privacy Policy (all platforms collectively referred to as the “Site”). The Site is a web-based property of Legal Software Solutions, LLC. (“Legal Software Solutions, LLC,” “BernieSez” “PeopleWatch” “we,” “our,” or “us” are all used interchangeably and as the context requires) that enables end-user visitors to the Site (“Users”) to conduct searches of our databases of publicly available sources of information about individuals. This Privacy Policy describes the ways in which BernieSez collects, uses, and discloses information about you when you access the Site. By accessing, viewing, downloading, or otherwise using the Site, you consent to the collection, use, and disclosure of your information as set forth in this Privacy Policy, now and as amended or modified by us.

 

BernieSez PeopleWatch also provides a quick and easy process to allow individuals to remove their information from our PeopleWatch search results, whether or not they are a user of the Site. If you would like to opt out of our PeopleWatch search results, just send us an email to terence@berniesez.com and say “opt out” and we will see that your information is not displayed in BernieSez PeopleWatch search results.

 

Information Collected by BernieSez

 

BernieSez is a database of publicly available sources of information aggregated for your convenience. Through BernieSez, Users can access certain materials posted to or made available through the Site as compiled, distributed, and displayed by BernieSez and other third-party content providers (“Third-Party Providers”) including, but not limited to, third-party websites or services that provide information about individuals (each, a “Search Subject”) that can be searched for and accessed through the Site (“PeopleWatch searches”).

BernieSez gathers three types of information: information that you submit to us, information that is collected automatically about your usage of the Site, and information about Search Subjects.

 

Information You Submit to BernieSez

 

We collect information that you provide when you use the Site, including, but not limited to, when you submit an online application to become a BernieSez Registered user (“User”), which enables you to utilize a host of services made available to users by and through the Site; when you submit a request to opt out of BernieSez’s PeopleWatch results; when you conduct a BernieSez PeopleWatch search; or when you contact us with a question, comment, or request. This can include, but is not limited to, your:

  1. e-mail address;
  2. full name;
  3. company name;
  4. date of birth;
  5. password;
  6. mailing address;
  7. credit card information; and (h) information associated with a Search Subject (such as a name, age, or address) that you use to conduct a BernieSez PeopleWatch search.

 

Information Collected Automatically About Your Usage of the Site

 

As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this [to improve services we offer you, to improve marketing, analytics, or site functionality.

 

When you visit the Site, we or our third-party service providers may use a “Cookie” – a small, text-only file that we save to your hard drive – or similar technologies to automatically collect and store non-personally-identifiable information about your usage of the Site such as your IP address, your browser type, the links and items you click on, ad impressions on your web browser, and the web pages you visit. Cookies enhance your experience at the Site, and are in many instances necessary for the provision of Services that we provide to users. For example, we use Cookies to store your password so you don’t have to enter it more than once, and to recognize you if you return to the Site using the same web browser.

 

If you do not want the Site to collect this information through Cookies, you may set your web browser to reject Cookies from the Site, or to inform you when a Cookie has been sent to your computer and provide you with the opportunity to refuse that Cookie. Each web browser is different, so please check your browser’s “Help” menu to learn how to change your Cookie preferences. Please be advised that where you disable or reject Cookies, you may not be able to use the Services we provide or experience the full functionality of the Site.

 

Technologies such as: cookies, beacons, tags and scripts are used by BernieSez and our partners (such as marketing partners, data partners, analytics, financial, testing, optimization, and others), affiliates, or analytics or service providers (such as data providers, customer support, marketing, analytics, business development, affiliate, and other)

 

These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

When you download and use any BernieSez app, we also may collect your mobile device’s unique identification number. We will not collect any precise geolocation information from you or your mobile device unless you expressly consent to such collection.

Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use LSOs such as HTML 5 or Flash to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.

 

Behavioral Targeting / Re-Targeting

 

We partner with a third party ad network to either display advertising on our Web site or to manage our advertising on other sites. Our ad network partner uses cookies and Web beacons to collect non-personal information about your activities on this and other Web sites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by simply sending an email to terence@berniesez.com and saying that you wish to opt out. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

 

Information About Search Subjects

 

In connection with providing the BernieSez PeopleWatch service, we collect information about Search Subjects from our third-party data providers.

 

Use of Information Collected by BernieSez

 

We use the information that we collect from you for a number of purposes, including:

  • to provide you with products, services, or information you request, such as BernieSez PeopleWatch feature;
  • to process, or in connection with, any payments or 
transactions that you authorize;
  • to verify that any credit card you submit is valid and active by 
charging, and thereafter immediately crediting, a small sum 
to the card upon registration;
  • to send you service-related communications to verify and 
manage your account, about the Site, about the services you request, or containing required notices (where you have indicated a preference, we will only communicate with you via the medium you select, such as by e-mail or telephone);
  • to process your requests to opt out of BernieSez’s PeopleWatch search results;
  • to respond to your inquiries;
  • to deliver marketing communications or promotional 
materials that may be of interest to you, subject to other 
terms of this Privacy Policy;
  • to generate and analyze statistics about your use of the Site 
(e.g., to determine the demographics of our Users);
  • for internal business purposes (e.g., to analyze and manage 
our business, to allow us to better tailor the Site to our 
Users’ needs);
  • to customize your experience on the Site; and
  • to detect and protect against fraud, infringement, or other violations of our Terms of Service.

 

We also may aggregate, anonymize, or merge any of the information we collect through the Site or elsewhere for these purposes, except as expressly stated otherwise in this Privacy Policy. This may include linking your user account information with information collect through Cookies for purposes such as identifying what areas of the Site are most relevant to you and allowing us to better tailor the Site and our communications to your interests.

 

When you submit a request to opt out of BernieSez’s PeopleWatch Search results, we require that you provide an email address. BernieSez only uses this email address to

  • send you an email to verify your request to opt out,
  • communicate with you about questions you may ask concerning your opt-out status, and
  • if you choose, to create a BernieSez opt-out account to review the record(s) you have opted out on an ongoing basis. We will not sell the email address that you provide as part of the opt-out process, or use it for any other purpose, without your prior consent.

 

BernieSez uses data about PeopleWatch Search Subjects to provide responses to PeopleWatch searches performed through the Site.

 

Sharing of Information Collected by the Site

 

We may share the information we collect from you with third parties for the following purposes:

 

  • with affiliates and service providers who work on our behalf including, but not limited to: credit card processing companies to process your payments for goods and services and to verify that your credit card account is valid and active; e-mail service providers to send out e-mails on our behalf; sales partners to sell you our services; data partners to process data on our behalf (e.g., by removing duplicate information from user lists, by analyzing data); and marketing partners who may market our products to you on our behalf and provide analysis of such marketing efforts. These affiliates and service providers will have access to your information as needed to perform their functions on our behalf but we do not permit them to use your information for other purposes. In addition, apart from the circumstances described above, we will not share your credit card information with any third parties without your prior informed consent, although notwithstanding the foregoing, we reserve the right to share with third parties the fact that we have credit card information about you on file;
  • in connection with providing the BernieSez PeopleWatch Searches, with certain third-party companies (such as data partners) for the sole and exclusive purpose of verifying information applicable to the particular PeopleWatch Search Subject. These third-party companies shall be subject to an obligation of confidentiality regarding such information, and shall not themselves store, save, or transfer such information other than as necessary to perform the applicable verification services. We will not share the information of the PeopleWatch Search Subjects for any other purpose;
  • other than Sensitive Information (defined as a credit card number, financial account number, Social Security number, driver’s license number, or credit score), with any third party to send you selected marketing offers. These businesses and third parties may include, but are not limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression, and validation vendors; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); (d) text-message-based marketers (where permitted by applicable law); (e) direct marketers; and (f) online advertising networks. While BernieSez strongly encourages these third parties to adopt responsible approaches to online marketing, BernieSez is not responsible for their information practices, which are governed by their respective privacy policies, which may differ from this Privacy Policy;
  • to any acquiring entity in connection with any sale, merger, 
consolidation, change in control, transfer of substantial 
assets, reorganization, or liquidation of BernieSez;
  • to respond to a subpoena, court order, or legal process 
served on us or otherwise to comply with the law;
  • when we believe that disclosure is necessary to protect the rights of BernieSez, its parents, subsidiaries, affiliates, joint 
ventures, or third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, such as to enforce or apply this Privacy Policy, the Terms and Conditions, and other applicable BernieSez agreements and policies; and
  • to protect the rights, property, or safety of you or others (e.g., by exchanging information with other companies and organizations for fraud protection purposes, by providing information to law enforcement where we believe the Site is being or has been used to commit unlawful acts). 
We do not share precise geolocation information (such as collected from your mobile device) with third parties unless you expressly consent to such sharing.

 

In addition, we may share aggregate reports comprised of the demographic, usage, and/or other characteristics of our Visitors as a group, which will never identify you personally, with third parties.

 

Correcting, Updating, or Removing Member Information

 

If the information you submit to us changes, or if you no longer desire our services, you may correct, update, or request deletion of this information by making the change on your member information page or by contacting us at the contact information listed below.

 

Data Retention

 

We will retain the information that we have collected about you until you have requested deletion of the information. If you wish to cancel your registered user account or request that we no longer use your information to provide you with services, please contact us at terence@berniesez.com However, we may retain some or all of your information after you request deletion or cancelation, as necessary, to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Changes to Our Privacy Policy

 

BernieSez may amend or modify this Privacy Policy, in whole or in part, from time to time in its sole discretion, effective immediately upon prominently posting a link to those changes on our Site's homepage or directly communicating them to you. If we make material changes to this Privacy Policy, we will notify you here, at the e-mail address associated with your user account or at the address you used to opt out of allowing us to share your information on PeopleWatch, or by means of a notice on our home page prior to the change becoming effective. Your continued use of or access to the Site or any Member Services after any posted amendment or modification to this Privacy Policy or receipt of a Privacy Policy change notification e-mail constitutes an affirmative acknowledgment and acceptance by you of the amended or modified Privacy Policy.

 

Security

 

We endeavor to keep all information that we collect from or about you protected both online and off-line. Unfortunately, no data security system or transmission over the Internet is guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.

 

Marketing Opt-out

 

Where you receive marketing e-mails sent by us or one of our third-party advertisers, you may unsubscribe from receiving such marketing e-mails at any time by following the instructions contained at the end of the e-mail. We may maintain separate e-mail lists for different purposes, so you may need to unsubscribe from multiple lists. However, even where you unsubscribe from all of our and our third-party advertisers’ lists, you may receive marketing e-mails in the future if you opt in to a different e-mail marketing program, although you can always unsubscribe from such programs as well by following the instructions contained at the end of the any e-mail you receive.

 

You also may, at any time, notify BernieSez that you do not wish to have BernieSez disclose your information to third parties for the purposes of sending you marketing offers and promotions by sending an email to terence@berniesez.com.

 

Information sent on behalf of third-party advertisers is prepared several days in advance, so you may continue to receive e-mail from us or our third-party advertisers for up to ten (10) days after submitting an unsubscribe request as detailed above.

 

Links

 

The Site contains links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use BernieSez’s name and logo on their websites. Please be aware that BernieSez is not responsible for the data practices of such websites, which shall be subject to those websites’ privacy policies. We encourage you to be aware when you leave the Site and to read the privacy policy of each and every website that you link to from the Site. This Privacy Policy applies solely to information collected by the Site.

 

Blog

 

Our Site offers publicly accessible blogs. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. In order to post comments within the blog area of our Site you must be a member of our service provider’s site. Our service provider will then allow us to view the comments before they are posted. To request removal of your personal information from our blog, contact us at terence@berniesez.com In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

 

Social Media Widgets

 

Our Web site includes Social Media Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

 

Children's Privacy

 

BernieSez is very sensitive to the issue of children's privacy. The Site, as well as its products and services, are not developed for or directed at children. Visitors under eighteen (18) years of age are not eligible to use the Site and we do not knowingly solicit or collect personal information from any Visitor that we actually know is under the age of eighteen (18). BernieSez encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. If you believe that your child has provided BernieSez with any personal information without your consent, please e-mail us at terence@berniesez.com.

 

Contacting the Site

 

If you have any questions about this Privacy Policy, the data practices of the Site, or your dealings with the Site, please feel free to contact us at 919-819-4950919-819-4950, at terence@berniesez.com or at:

Legal Software Solutions, LLC P.O. Box 4
Raleigh NC 27602

 

All communications with us or our authorized agents may be monitored or recorded.