Please read on to learn the rules and restrictions that govern your use of our digital footprint monitoring and clean up website(s), products and services (the “Services”). If you have any questions, comments, or concerns regarding these terms or the services, please contact us at: help@gohush.com, Phone: 866-806-0932, Address: 1555 Broadway Street, Detroit, MI 48226, USA.
These Terms of Use (the “Terms”) are a binding contract between you and PRIVACYCHECK, INC. (“PrivacyCheck,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. Please note that your use of and access to our services are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
Arbitration notice and class action waiver: Except for certain types of disputes described in the Arbitration agreement section below, You agree that disputes between you and us will be resolved by binding, individual arbitration and you waive your right to Participate in a class action lawsuit or class-wide arbitration.
Will these terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at gohush.com, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
PrivacyCheck takes the privacy of its users very seriously. For the current PrivacyCheck Privacy Policy, please click here.
What are the basics of using PrivacyCheck?
COPPA NOTICE
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect Personal Data online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from a child under the age of 13. We will only collect or solicit Personal Data about a child under 13 years of age if you (1) certify that you are parent or legal guardian of the child, and (2) consent to collection of your child’s Personal Data (“Parental Consent”). If you are a child under 13 years of age, please do not attempt to register for or use the Services (other than as expressly permitted above) or send us any Personal Data about yourself to us before we obtain Parental Consent. If you believe that a child under 13 years of age has provided us with Personal Data without our obtaining Parental Consent, please contact us at help@gohush.com. We do not condition participation in our Services on disclosure of more Personal Data from a child under 13 years of age than is reasonably necessary for that participation, and we do not retain Personal Data from children under 13 years of age longer than is reasonably necessary in order to fulfill the purpose for which it was disclosed. The minimum age to create an account on this platform is 18 years of age. If you are under 18 years of age, please do not attempt to register or otherwise use the Services or send us any personal information. To use our Services, you will be required to sign up for an account, select a password and user name (“PrivacyCheck User ID”), and provide us with certain information or data, such as your first name, last name, personal email address, telephone number and zip code. You may as “head of household” also register your spouse or partner (with his/her consent), or child or children for the Services (which in the case of children, provides them read only access to information that we retrieve about them), provided that, you will not attempt to register any child or children between the ages of 13-18. As head of household, you: (a) will have administrative rights to your family member’s accounts, but may not access your spouse or partner’s search results without their consent; and (b) you may access your child or children’s account(s) to review their search results. You hereby represent and warrant that you are the parent or legal guardian of the child or children specified for any account that you create on behalf of such child or children. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your PrivacyCheck User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. We may also request you to verify your identity using personally identifiable information in order to access your digital footprint search results as part of our Services.Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). You will only use the Services for your own internal, personal (including your immediate family members, provided that they have consented to the creation of an account on their behalf, or you are their legal guardian), use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.You will not share your PrivacyCheck User ID, account or password with anyone, and you must protect the security of your PrivacyCheck User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your PrivacyCheck User ID and account.
Power of Attorney
PrivacyCheck’s Services include the searching and monitoring of your digital footprint and content about you posted on public and private websites. By signing up for our Services, you grant PrivacyCheck a Limited Power of Attorney (“LPOA”) to act on your behalf (and on behalf of any elected children) solely for the purposes of performing the Services as requested by you and are acts of remedial nature, including but not limited to: monitoring, verifying, censoring and editing content about you on third-party sites or services, signing and submitting opt-in or opt-out requests to and communicating with third-party websites such as data brokers, social media platforms, or aggregators or other parties who have control over this content, and any other action PrivacyCheck reasonably deems necessary to remediate, suppress, opt-out your personal information from unwanted sources, search the Internet and the “deep Web” using any tools available, and to take actions based on the results of these searches in fulfillment of the Services. This LPOA will remain in full force and effect until you cancel your account with PrivacyCheck. This LPOA shall not grant PrivacyCheck any authority to take any action that relates to your financial, banking, or healthcare information. We are not your lawyer and do not offer legal advice, nor does this Agreement or the Services create any attorney-client relationship or legal representation.
Reporting Obligations
As part of the Services and as further set forth in our Privacy Policy Please click here, we may find information posted about you that may trigger reporting obligations of us with respect to applicable law, rule, regulation or court order. More specifically, we provide alerts to you regarding you and your family’s digital footprint. If we identify information that in our sole discretion indicates health, welfare or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies and you consent to our authority to do so. The foregoing consent is a condition to your use of the Services.
What about messaging?
As part of the Services, you may receive email communications through the Services. When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. We may notify you by telephone if we find harmful information about you posted on the Internet (if you have provided us a telephone number).
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Services, or otherwise use or interact with the Services, in a manner that impersonates anyone, falsely states or otherwise misrepresents your affiliation with any person or entity, or knowingly provide any fraudulent, misleading, or inaccurate information, infringes or violates the intellectual property rights or any other rights of anyone else (including PrivacyCheck);violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by PrivacyCheck, is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, jeopardizes the security of your PrivacyCheck User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);attempts, in any manner, to obtain the password, account, or other security information from any other user violates the security of any computer network, or cracks any passwords or security encryption codes, runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);copies or stores any significant portion of the Content; or decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including PrivacyCheck's) rights. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content owned by or licensed to us solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that PrivacyCheck owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Who is responsible for what I see and do on the Services?
Any information or Content retrieved for or displayed to you through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain links or connections to third-party websites or services that are not owned or controlled by PrivacyCheck. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that PrivacyCheck is not responsible for such risks. PrivacyCheck does not directly control the content in any third-party websites or by any third party that you interact with through the Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PrivacyCheck shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.If there is a dispute between participants on this site or Services, or between users and any third party, you agree that PrivacyCheck is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PrivacyCheck, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will PrivacyCheck ever changes the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
Your employer or sponsor organization has agreed to pay the subscription fees for your use of our Services, and as such, our Services are provided to you at no cost. Certain of our Services may be subject to fee payments in the future, and PrivacyCheck reserves the right to implement and charge you those fees in the future.
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at help@gohush.com please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. PrivacyCheck is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. PrivacyCheck has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. If you have deleted your account by mistake, contact us immediately at help@gohush.com we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. PrivacyCheck and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (PrivacyCheck and all such parties together, the “PrivacyCheck Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the PrivacyCheck Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. PrivacyCheck’s Services are not intended for and PrivacyCheck does not guarantee the removal, suppression or the alteration of any specific Internet content. PrivacyCheck does not guarantee any specific result due to the complexity of the Internet, the evolving nature of search algorithms and the changing content and activity of the Internet. The PrivacyCheck Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. The services and content are provided By PrivacyCheck (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either Express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, Non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on How long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without Limitation, tort, contract, strict liability, or otherwise) shall any of the PrivacyCheck parties be liable to you or to any Other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for Lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure Or malfunction, (b) any substitute goods, services or technology, (c) any amount, in the aggregate, in excess of the greater Of (i) one-hundred ($100) dollars or (ii) the amounts paid and/or payable by you to PrivacyCheck in connection with the Services in the twelve (12) month period preceding this applicable claim or (d) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above Limitation and exclusions may not apply to you.Indemnity. You agree to indemnify and hold the PrivacyCheck Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) solely to the extent arising from or in any way related to any claims relating to your violation of these Terms.
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PrivacyCheck's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following Arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with PrivacyCheck and limits the manner in which you can seek relief from PrivacyCheck. Both you and PrivacyCheck acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, PrivacyCheck's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. (a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Detroit, Michigan. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. (b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. PrivacyCheck will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. PrivacyCheck will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. (c) Small Claims Court; Infringement. Either you or PrivacyCheck may assert claims, if they qualify, in small claims court in Detroit, Michigan or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. (d) Waiver of Jury Trial. You and PrivacyCheck waive any constitutional and statutory rights to go to court and have a trial in front of a judge or Jury. You and PrivacyCheck are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and PrivacyCheck over whether to vacate or enforce an arbitration award, You and PrivacyCheck waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge. (e) Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual Basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or Consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor PrivacyCheck is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. (f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 1555 Broadway Street, Detroit, MI 48226, USA postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement. (g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or PrivacyCheck to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and PrivacyCheck agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Detroit, Michigan, or the federal district in which that county falls. (h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with PrivacyCheck.
Miscellaneous
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the PrivacyCheck may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and PrivacyCheck agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PrivacyCheck, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of PrivacyCheck, and you do not have any authority of any kind to bind PrivacyCheck in any respect whatsoever.Except as expressly set forth in the section above regarding the arbitration agreement, you and PrivacyCheck agree there are no third-party beneficiaries intended under these Terms.
Remediation Agreement - POA
LIMITED PURPOSE POWER OF ATTORNEY SOLELY TO PERFORM THE SERVICES
YOU AGREE TO GIVE US A LIMITED PURPOSE POWER OF ATTORNEY, TO ACT AS LAWFUL ATTORNEY-IN-FACT SOLELY FOR THE FOLLOWING PURPOSE AS REQUESTED BY YOU AND ARE ACTS OF REMEDIAL NATURE:
TO PERFORM THE SERVICES, INCLUDING MONITORING, VERIFYING, CENSORING AND EDITING CONTENT REGARDING YOU ON THIRD-PARTY SITES OR SERVICES, SIGNING LETTERS OR OTHER WRITTEN CORRESPONDENCE, EFFECTUATING OPT-IN OR OPT-OUT REQUESTS TO AND COMMUNICATING WITH THIRD-PARTY WEBSITES SUCH AS DATA BROKERS, SOCIAL MEDIA PLATFORMS, OR AGGREGATORS OR OTHER PARTIES WHO HAVE CONTROL OVER THIS CONTENT, AND ANY OTHER ACTION WE REASONABLY DEEM NECESSARY TO REMEDIATE, SUPPRESS, OR OPT-OUT YOUR PERSONAL INFORMATION FROM UNWANTED SOURCES, INCLUDING SEARCHING THE INTERNET AND THE “DEEP WEB” USING ANY TOOLS AVAILABLE, AND TAKING REMEDIATION ACTIONS BASED ON THE RESULTS OF THESE SEARCHES IN FULFILLMENT OF THE SERVICES.
YOU GIVE AND GRANT TO US FULL POWER AND AUTHORITY TO DO AND PERFORM EVERY ACT NECESSARY TO BE DONE TO ADDRESS THE FOREGOING AS FULLY, TO ALL INTENTS AND PURPOSES, AS YOU MIGHT DO OR COULD DO INCLUDING SIGNING ANY RELEVANT DOCUMENTS OR COMMUNICATIONS.
THIS LIMITED PURPOSE POWER OF ATTORNEY SHALL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE TERMS AND SHALL AUTOMATICALLY TERMINATE WHEN THE SERVICES END WITHOUT FURTHER ACTION BY YOU.
BY AGREEING TO THE TERMS, YOU CERTIFY THAT YOU HAVE READ THIS LIMITED PURPOSE POWER OF ATTORNEY AND THE SUBJECT MATTER OF THIS DOCUMENT IS UNDERSTOOD.
ANY PERSON WHO RELIES ON THIS LIMITED PURPOSE POWER OF ATTORNEY WILL NOT BE LIABLE FOR PERMITTING US TO ACT UNDER IT, UNLESS ACTUAL OR CONSTRUCTIVE NOTICE IS GIVEN THAT THIS LIMITED PURPOSE POWER OF ATTORNEY HAS BEEN TERMINATED.
THIS LIMITED PURPOSE POWER OF ATTORNEY SHALL BE INTERPRETED AND GOVERNED ACCORDING TO THE LAWS OF THE STATE OF MICHIGAN