OFFENDER CHECK ADDENDUM TO TOS
Effective: May 10, 2026
This Addendum (“Addendum”) to the Terms of Service (“Agreement”) is entered between Visitly Inc., a California incorporated corporation (“Visitly”), and you as the Customer (“the Customer”).
This Addendum sets forth additional terms and conditions regarding the Sex Offender Check feature, which is provided by Visitly as part of its Visitor Management product, and updates the Terms of Service between Visitly and the Customer. By continuing to use the services provided by Visitly, the Customer agrees to the following updates and conditions.
Sex Offender Check Process
Visitly currently uses a third-party service, Family Watchdog https://www.familywatchdog.us, (“SOR search provider”) to conduct sex offender checks. Results from SOR search provider are based on publicly available data, which may not be complete, accurate, or up-to-date. Information contained on the SOR search provider site provides no representation as to any offender’s likelihood of re-offending or the nature of any future crimes they may commit.
The Customer acknowledges and agrees that it is the sole responsibility of the Customer and its users to verify any matches that may appear as a result of the sex offender check process. Verification includes but is not limited to comparing the details such as photographs, names, sex, race, height, weight, and eye color provided in the results. A match does not necessarily mean a particular individual is an offender. Please verify all information and contact your local police department for help. Visitly may change this third party service provider at any time in the future to provide similar service on similar terms with or without notice to the customer.
Law Enforcement And Responsibility
Visitly’s system does not automatically notify law enforcement authorities in the event of a match or discrepancy. The Customer acknowledges that Visitly does not play any role in notifying, cooperating, or engaging with law enforcement concerning any matches or results from the sex offender check.
The Customer is solely and exclusively responsible for managing any matches, including taking any legal, administrative, or other necessary actions in accordance with the applicable laws and regulations governing the management of such information.
Scope Of Service And Limitation Of Liability
Visitly provides technical integration, support, and access to the SOR search provider service for the purpose of conducting sex offender checks in conjunction with the visitor management system service. Visitly, however, does not engage in analyzing, interpreting, or acting upon any matched results. The Customer agrees that Visitly is not liable for the incompleteness, inaccuracies, omissions, outcomes or any actions taken by the Customer based on the sex offender check results.
Visitly shall not be liable for any damages, losses, costs, or consequences, whether direct, indirect, legal, financial, reputational, or otherwise, resulting from the use of the service or any actions taken by the Customer based on such results.
The Customer acknowledges and agrees that Visitly is not responsible for any outages, or lack of availability of the service caused by third-party service providers, including maintenance periods or technical difficulties with the SOR search provider.
Additionally, the Customer agrees that Visitly is not legally or financially liable for any incorrect or inaccurate information provided by SOR search provider, nor will Visitly indemnify the Customer for any damages, losses, or claims arising from any incorrect or inaccurate information obtained through the service. The Customer will defend and hold Visitly and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Under no circumstances will Visitly be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to information provided by the third party SOR Search Provider, your use of the information, or the content, even if advised of the possibility of such damages.
Compliance With Laws
The Customer agrees to comply with all applicable local, state, and federal laws, regulations, and guidelines relating to the use, handling, and reporting of sex offender data. This includes ensuring that all actions taken in response to any results from the sex offender checks are compliant with any applicable privacy laws, data protection laws, or other legal requirements.
By continuing to use Visitly’s services, the Customer acknowledges and agrees that it is solely responsible for the management of any results obtained through the sex offender check process. The Customer further affirms that it will take any appropriate actions based on those results and ensure compliance with all relevant legal and regulatory obligations, with Visitly disclaiming any liability in connection with these actions.
Disclaimer
By continuing to use the information provided by the SOR Search Provider, the Customer acknowledges and agrees that such information is provided on an “as is” and “as available” basis, and that use of this information is at its sole risk. Visitly disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. The Customer’s sole and exclusive remedy relating to the use of the SOR Search Provider shall be to discontinue using our Service.
General Provisions
Governing Law: This Addendum shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Amendments: This Addendum may be amended or modified only by a written instrument executed by authorized representatives of both Visitly and the Customer.
Severability: If any provision of this Addendum is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: This Addendum, together with the Terms of Service, constitutes the entire understanding between Visitly and the Customer with respect to the subject matter hereof. Any prior agreements or understandings related to the sex offender check process are superseded by this Addendum.
Acknowledgement
By continuing to use the services provided by Visitly, the Customer acknowledges that it has read, understood, and agrees to the terms of this Addendum, and agrees to be bound by the updates and terms set forth herein.