Terms & Conditions
We highly recommend that you review these Terms and Conditions in full BEFORE you use, access this site, and/or purchase services from Data Diggers, LLC. If you do not wish to agree to the Terms and Conditions, then do not purchase any services from Data Diggers, LLC.

Please note that, among other items, these Terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for all disputes unless specified below. Please carefully review the dispute resolution section below.

ACCEPTANCE OF TERMS OF SERVICE

This Terms of Use (the “Agreement” or “Terms”) is an agreement between you and Data Diggers, LLC who owns and controls the website www.datadiggerpros.com and sets forth the legally binding Terms for your use of the website www.datadiggerspros.com, and any successor websites, and other interactive properties, including but not limited to our mobile services and solutions and mobile-focused websites (the website and other Data Diggers, LLC interactive properties are collectively referred to herein as the “Data Diggers, LLC Services and Solutions”). The Terms govern your use of the Data Diggers, LLC Services and Solutions (however accessed and/or used, whether via personal computers, mobile devices or otherwise and any other means or services and solutions in which you connect with us or use our services [“Services”]). Each time that you access or use Data Diggers, LLC Services and Solutions you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of the Terms, you must discontinue using Data Diggers, LLC Services and Solutions.

Contact and Electronic Communications. By accessing the Data Diggers, LLC Services and Solutions or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

YOUR USE OF THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS

Data Diggers, LLC provides a database of public records and publicly available sources of information aggregated for your convenience. The Data Diggers, LLC searches, including its public record information, made available by and through the Data Diggers, LLC Services and Solutions, are provided for informational purposes only. While we are constantly updating and refining our database and Services, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, Data Diggers, LLC shall not be responsible or liable for the accuracy, usefulness, availability, or unavailability of any information transmitted or made available via the Data Diggers, LLC Services and Solutions. Data Diggers, LLC does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any Data Diggers, LLC searches. Data Diggers, LLC also reserves the right to delete any information from its databases at any time.

DATA DIGGERS, LLC IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS.

Restrictions on your Use of our Services. You may not use any information obtained from our searches, including, without limitation, the Data Diggers, LLC Services and Solutions, in connection with determining a prospective candidate’s suitability for:

  • Health insurance or any other insurance,
  • Credit and/or loans,
  • Employment,
  • Education, scholarships, or fellowships,
  • Housing or other accommodations,
  • Benefits, privileges, or services provided by any business establishment.

Limited Guarantee. Most of the Services accessible from Data Diggers, LLC Services and Solutions come with a limited guarantee; this means that if your search does not return any results, we may provide you with another search or a message indicating that “no records were found”, at no additional cost to you, but will not refund your purchase. You acknowledge that the Services are provided “as is.” You are paying for us to conduct a search on your behalf, not to return any particular result. Information is often obtained by third parties and the accuracy of the information cannot be guaranteed. Users should use extreme caution when interpreting search results. Some of the information provided in searches is based upon logic-based assumptions from information in our database compiled from public records regarding individuals’ names, addresses, ages, last names, and the dates which correspond to these names, addresses and ages. We may also provide you publicly available marriage and divorce records when you conduct a search using our Services. Positive or false matches based on our assumptions or records may not provide conclusive confirmation of an individual’s status (marital or otherwise). Therefore, we urge you to independently verify any information you gather from our Data Diggers, LLC Services and Solutions as a possibility exists that our search results could be inaccurate.

Personal Use Only. The Data Diggers, LLC Services and Solutions, the content and the Services are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by Data Diggers, LLC (i) copy, display, or distribute any part of the content or Data Diggers, LLC website or results, in any medium, without Data Diggers, LLC prior written consent, or (ii) alter or modify any part of the Data Diggers, LLC solutions or results. You further agree that you will not use any automated devices, such as spiders, robots, or data mining techniques to download, store or otherwise reproduce, store or distribute content or to manipulate the Data Diggers, LLC results. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Data Diggers, LLC Services and Solutions or any computer software or hardware or telecommunications equipment. You may not use information obtained from the Data Diggers, LLC results to transmit any commercial, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation, or rule.

You also agree to adhere to the following:
  • You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations.
  • You will obtain all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services.
  • You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to “stalk” or otherwise harass another person.
  • You will not use the Services to seek information about or harm minors in any way.
  • You will not use the Services to seek information about celebrities or public figures.
  • You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
  • You will not resell, sell, lease, license, sublicense or otherwise commercialize any of the information you obtain from the Services without our prior written consent.
  • You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner.

Legal Notices about your Searches. Information on registered sex offenders allowed to be legally disclosed appears on a search. Some registered sex offenders are not subject to public disclosure, so that they are not included on the search. State law does not allow offenses other than the crimes for which the convicted sex offender is required to register to be disclosed. Extreme care must be taken in the use of information in a search because mistaken identity may occur when relying solely upon name, age, and address to identify individuals. If you believe that any information in a search is in error, please contact a police or sheriff’s department, or contact the Department of Justice by e-mail at MegansLaw@doj.ca.gov. In some states, like California, it is illegal to use information obtained through public records to commit a crime against a registered sex offender or to engage in discrimination or harassment against a registered sex offender. Criminal misuse of this information subjects the person who misuses it to a sentence enhancement, in addition to the punishment for the crime committed. Civil misuse of this information may subject the person to civil damages and penalties pursuant to California Penal Code Section 290.4 (e) (3) (A).

SERVICES PROVIDED BY DATA DIGGERS, LLC

Modification to Services. Data Diggers, LLC has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Data Diggers, LLC in providing its Services is to stop using those Services.

Accuracy of Data. No representations, neither express nor implied, are made as to the validity of any data provided by Data Diggers, LLC. While Data Diggers, LLC has made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by users of our Services. Our Services search and gather compilations of criminal and other records that are on public record. We do not make any representations that information available on public records is accurate. In addition, searches can be conducted with several variables and therefore we do not control the accuracy of any search conducted. In providing the Services, Data Diggers, LLC is not rendering legal, private investigation or other professional services. If legal, investigative, or other expert assistance is required, the services of a competent professional should be sought. You will use the Services in a manner consistent with all applicable laws and regulations. You will not use the information obtained from Data Diggers, LLC Services and Solutions to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this Data Diggers, LLC Services and Solutions or Service. You further agree not to provide any information obtained from this Data Diggers, LLC Services and Solutions or Services to any third party.

No Other License Granted. Except for allowing you to use the Data Diggers, LLC website and to purchase Data Diggers, LLC Services and Solutions for your personal use as set forth in these Terms, when you use the Data Diggers, LLC Services and Solutions, you are not receiving a license or any other rights from Data Diggers, LLC, including intellectual property or other proprietary rights of Data Diggers, LLC. You understand that you have no rights to the Data Diggers, LLC Services and Solutions or any other Data Diggers, LLC property except as indicated in these Terms.

LEGAL NOTICES

Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING DATA DIGGERS, LLC SERVICES AND SOLUTIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS AND SERVICES ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT DATA DIGGERS, LLC MAKES NO WARRANTY THAT THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT DATA DIGGERS, LLC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, DATA DIGGERS, LLC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS AND SERVICES.

ALL CONTENT, PRODUCTS AND THIRD-PARTY SERVICES ON THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS ARE LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. DATA DIGGERS, LLC DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR A LINKED WEBSITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL DATA DIGGERS, LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR A LINKED WEBSITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR A LINKED WEBSITE.

Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DATA DIGGERS, LLC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE DATA DIGGERS, LLC SERVICES AND SOLUTIONS OR THE SERVICES, EVEN IF DATA DIGGERS, LLC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN DATA DIGGERS, LLC’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX (6) MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity/Release. You understand that you are personally responsible for your behavior while on the Data Diggers, LLC Services and Solutions or using the Services and agree to indemnify and hold Data Diggers, LLC, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Data Diggers, LLC Services and Solutions or Services or your violation of either these Terms, applicable law or the rights of any third party.

If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release and that, if known by him would have materially affected his settlement with the debtor or released party.”

GENERAL

Term and Termination. This Agreement will remain in full force and effect while you use the Services. Data Diggers, LLC can suspend or Terminate your access to the Data Diggers, LLC Services and Solutions or Services, in whole or in part, at any time, immediately and without notice. All Terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Age Requirements. The Data Diggers, LLC Services and Solutions are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Data Diggers, LLC Services and Solutions in accordance with these Terms. If we have any reason to believe you are not 18 or older, we may Terminate your access to the Data Diggers, LLC website, Services and Solutions.

Electronic Form/Communications. By accessing the Data Diggers, LLC Services and Solutions or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

Access to Services. Data Diggers, LLC reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Data Diggers, LLC also reserves the right to change, modify, discontinue, suspend, or abandon the Data Diggers, LLC website or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party because of such termination, modification, discontinuance or abandonment.

Availability and Use Outside of the United States. The Data Diggers, LLC Services and Solutions are maintained and managed from facilities in the United States. Data Diggers, LLC makes no representations that the Data Diggers, LLC Services and Solutions are appropriate or available for use in other locations. Those who access or use the Data Diggers, LLC website and/or purchase services or solutions from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

Updates to Terms. Data Diggers, LLC reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Website with a new ”Last Updated” date shown above. All such changes in the Terms shall be effective from the Last Updated date shown. If we make any material changes to the Terms, we may also notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Website prior to the change becoming effective. Your continued use of the Data Diggers, LLC Services and Solutions after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Data Diggers, LLC Services and Solutions and/or Services. Note that special Terms or rules may apply to some services offered on the Website or Data Diggers, LLC Services and Solutions, such as rules for promotions, services and Solutions or other features or activities. Any such Terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, Terms and/or conditions that may be posted at various points in the Data Diggers, LLC Services and Solutions or otherwise communicated to users of the Service, we shall deTermine which rules, restrictions, limitations, Terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

RESOLUTION OF DISPUTES

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina without application of conflict of laws rules.

Resolution of any Dispute. In the event a dispute arises between you and Data Diggers, LLC, we want to provide you with an efficient, neutral, and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us at customersupport@datadiggerpros.com or by using our contact form located at https://www.datadiggerpros.com/contact. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.

Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. You and Data Diggers, LLC agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from Data Diggers, LLC Services and Solutions; claims that may arise after the termination of your membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls (“Claim(s)”) which cannot be settled through the Customer Support Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).

Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to Data Diggers, LLC shall be sent to the following address: Data Diggers, LLC, 1727 Hampton Street, Columbia, SC 29201. All notices to you will be sent to the email provided in your Account or by you. Upon receipt of such Notice of Dispute, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Data Diggers, LLC may commence an arbitration proceeding. Attorneys’ fees are recoverable by the prevailing party.

Choice of Law. This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration. The parties hereby irrevocably consent to the exclusive jurisdiction of the State of California and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Columbia, South Carolina.

Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.

Survival. This arbitration provision shall survive termination of this agreement and the closing of your account or membership.

Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.

MISCELLANEOUS

These Terms and policies incorporated herein (“Policies”), are the entire agreement between you and Data Diggers, LLC. They supersede all prior or contemporaneous agreements between you and Data Diggers, LLC relating to your use of the Data Diggers, LLC Services and Solutions or the Services. Data Diggers, LLC may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is deTermined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Data Diggers, LLC to exercise any rights or the waiver of Data Diggers, LLC of any breach of these Terms partially or fully by you, shall not prevent a subsequent exercise of such right by Data Diggers, LLC or be deemed a waiver by Data Diggers, LLC of any subsequent breach by you of the same or any other Term of these Terms. The rights and remedies of Data Diggers, LLC under these Terms, its Policies and any other applicable agreement between you and Data Diggers, LLC shall be cumulative, and the exercise of any such right or remedy shall not limit Data Diggers, LLC right to exercise any other right or remedy.

Orders Placed Through the Website

All orders placed through the Website are subject to Data Diggers, LLC’s acceptance. After your order has been placed, we will provide you with an email confirming our receipt of your order and, if your order is accepted, confirming our acceptance of your order. Data Diggers, LLC may refuse to accept or may cancel any order, whether the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by Data Diggers, LLC, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact us.

Refund Policy

If at any time you are not satisfied with your purchase you may contact our Customer Support department at customersupport@datadiggerpros.com and request a refund. All requests for refunds will be handled by Customer Support on a case-by-case basis, with the goal of customer satisfaction.

Taxes

All orders are subject to applicable taxes in the state where the Customer resides.

Billing Errors

If you believe that you have been erroneously billed, please notify our Customer Support department at customersupport@datadiggerpros.com.