Terms of Service
Effective Date: May 12, 2022Welcome to InfoTracer, a public records search service provided by InfoPay, Inc. ("we," "us," or InfoPay, Inc.). These Terms of Service govern our operation and offering of, and your access to and use of, our website (https://infotracer.com) and the associated products, InfoTracer services, data, information, content, and materials thereon (collectively, the "Services").
By using the Services, you agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 22.
If you are accepting these Terms of Service on behalf of a legal entity other than yourself as an individual, including a business or a government, you represent and warrant that you have full legal authority to bind such entity to these Terms of Service. You cannot purchase our services until you have indicated your acceptance of these Terms of Service.
By using and/or visiting the Services, you represent that you have read, understand, and agree to all the terms and conditions of these Terms of Service, including our Privacy Notice ("Privacy Notice") which is fully incorporated herein by reference. The Privacy Notice governs the collection, use and disclosure of your personal information.
We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Changes, modifications, additions or deletions to these Terms of Service shall be effective immediately upon their posting on the Services. You agree to review these Terms of Service periodically to be aware of such revisions. If you are a registered user, we may inform you of any material changes by notification to the email address you have provided as part of your registration information or through your membership portal. Otherwise, you may view the most recent Terms of Service on the Services, available at https://infotracer.com/terms. Your use of the Services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.
2.1 Account Registration.
You must be 18 years of age or older to use the Services and purchase any services. Any offers of sale are only intended for individuals who are eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older.
You agree to provide accurate, current, and complete information during the registration process ("Registration Information") and you agree to update the Registration Information in order to ensure that it is current. InfoPay, Inc. reserves the right to revoke your registration without notice to you in the event you breach any part of these Terms of Service.
As an express condition of being permitted to use and register on the Services, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction; and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
Upon registration on the Services, you will select a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify InfoPay, Inc. of any suspected or actual unauthorized use of your account. You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password.
3. Consent to Use Information
If you or someone you authorize conducts a search about you on the Site, you agree and consent to the use and display of information about you on the Site, including all attributes about you (e.g., name, age, location) for any and all commercial and non-commercial purposes. You agree that your consent to use is not an admission that any information displayed about you constitutes the use of your identity under any law.
4. Cancellation and Termination.
4.1 Cancellation and Termination by You.
You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the settings link in the membership portal, calling us, or sending us an email at the information below in "Contact Us." The settings screen provides a simple no-questions-asked cancellation link. Your cancellation will take effect immediately; however, you will still be responsible for any outstanding payments for purchases made before cancellation. Further, even after cancellation and/or termination of your account, you may still make one-time purchases on the Services.
4.2 Termination and Suspension.
We reserve the right to terminate or restrict your account and/or access to the Services for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms of Service. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Services. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
4.3. Effect of Termination.
Once your account is terminated, we may permanently delete your account and any or all user content associated with it. If you do not log in to your account for twelve (12) or more months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it. Except where an exclusive remedy may be specified in these Terms of Service, the exercise by us of any remedy, including termination, will be without prejudice to any other remedies we may have under these Terms of Service. All sections of these Terms of Service which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
You agree to indemnify, defend, and hold us harmless for damages or losses caused by you or another party due to any access to or use of the Services through your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
6. Service Options and Billing
Current pricing for services and subscriptions is available on the Services. We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes we make will become effective upon renewal of or purchase of additional Services. In the event that we discontinue a material portion of the materials and features that you regularly use in the ordinary course of your business, and such materials and features are part of a flat fee subscription plan to which you have subscribed, we will, at your option, terminate these Terms of Service.
The searches available to you are determined by the trial period or subscription level you choose and are subject to change. Certain services available via the Services are provided via monthly subscriptions or through one-time payment options. If you have a subscription for unlimited searches with us, you may have to pay an extra fee if you search for a premium report. Premium reports are reports that cost us an extra fee to access for and share with you, so we can’t offer it as part of your regular membership. They may include comprehensive background reports; vehicle history reports; criminal records reports; bankruptcy, lien & judgment reports; or court records reports, among others.
7. Billing Policies
Payment of fees for purchases on the Services must be made with current and valid credit card, debit card, or other payment account ("Payment Account"). Some of these payment options may be provided by third parties. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription.
Fees will be billed to the Payment Account you provide to us.
For single report and one-time billing package purchases, fees will be immediately billed to your Payment Account on a one-time basis at the time of your order.
For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel (see Recurring Payment Subscriptions for more details). You acknowledge and agree that we may preauthorize your card for an amount up to the total of the given transaction amount and will not obtain additional authorization from you for each recurring fee charged to your Payment Account.
You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you purchase yields any results, and whether or not the results contain incorrect information or no information at all.
Transactions will appear on your credit card statement as INFOTRACER.COM or INFOTRACER.
8. Trial Periods
We may offer you access to either free or paid trial uses of the Services. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the "Next Billing Date" (as identified on your Order Confirmation, and on the Account Details page of your account), and the monthly subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis unless and until you cancel.
9. Recurring Payment Subscriptions
AUTOMATIC RENEWAL FEES FOR RECURRING PAYMENT SUBSCRIPTION PLANS WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.
WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON A MONTHLY BASIS BEGINNING ON THE "NEXT BILLING DATE" IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EVERY THIRTY (30) DAYS THEREAFTER (THE "AUTOMATIC RENEWAL DATE"). WE WILL PRESENT YOU WITH AN OPTION TO AUTHORIZE THESE PAYMENTS DURING THE SIGN-UP PROCESS, AND YOU ARE CHECKING THE BOX ON THE SIGN-UP PAGE DEMONSTRATES YOUR CONSENT TO SUBSCRIPTION BILLING. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SUBSCRIPTION YOU SELECTED ON YOUR SERVICE ORDER. UPON PAYMENT, WE WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL.
THEREAFTER, WE WILL PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURRING PAYMENT PLAN, VIA EMAIL, AT LEAST FIVE (5) DAYS BEFORE THE AUTOMATIC RENEWAL DATE.
YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO, (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT, (2) CONTACT US AT (800) 791-1427, OR (3) EMAIL US AT firstname.lastname@example.org. OUR CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.
PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED MONTHLY IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR MONTHLY SUBSCRIPTION. THEREFORE, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR TRIAL/FULL PAID SUBSCRIPTION, AND THE ASSOCIATED MONTHLY SUBSCRIPTION FEES.
10. Customer Support
Our Customer Support team is available to address your questions or concerns. If you have any issues with billing, you agree to contact our Customer Support team prior to contacting your bank. Contact Customer Support using our online form, by calling (800) 791-1427 or via email at email@example.com. Our Customer Service Department is open 24/7.
11. Grant of Rights
Conditioned on your compliance with these Terms of Service and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable right to use the Services for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to the Services not expressly granted to you. You understand that you may be restricted from accessing certain Services which may be otherwise available to other users.
12. FCRA Notice
InfoPay, Inc. does not compile background information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not "consumer reports" under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. The Services simply aggregate and provide access to publicly-available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from search results (a) to discriminate against any consumer; (b) for the purpose of considering a consumer’s eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer’s economic or financial status or standing. You understand, agree, and acknowledge that any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever nature, due to or arising out of your use of information from search results in a manner covered under the FCRA.
13. DPPA Notice
You understand, agree, and acknowledge that you may conduct a motor vehicle record search through the Services and access the results of that search only for a purpose permitted under the Driver’s Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules and regulations of the state from which the motor vehicle record is sought (collectively, "DPPA Laws"). You represent that you are aware of and understand the requirements and restrictions of the DPPA Laws, and that you are conducting your search through the Services for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use of motor vehicle records made available through the Services for any purpose other than a permitted purpose under the DPPA Laws may subject you to criminal fines for non-compliance and to civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys’ fees. You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its affiliates, subsidiaries, offices, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities of whatever nature or kind, due to or arising from your violation of the DPPA Laws.
14. Restrictions on Use
You are responsible for your access or use of the Services. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms of Service, the Privacy Notice, or is harmful to our interests.
14.1. General Restrictions.
You may not use the Services, or any search results or other information you may receive through use of the Services ("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms of Service. Specifically, you agree that you shall not use Information to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify the Services Content (as defined below) in any manner or form, (iii) copy, distribute, or create derivative works based on the Content, (iv) exploit the Services or Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, (v) sublicense, sell, resell, or otherwise convey the Services or Content or any elements thereof, including without limitation for commercial, colelctions, governmental, marketing, or advertising purposes, (vi) access the Services from Internet Protocol (IP) addresses outside of the United States; or (vii) use the Services to create a competing product.
14.2. Services Content.
Without limitation to these Terms of Service, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Services and its contents, or any part of them, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the "Content"). InfoPay, Inc., and/or its related companies or licensors, expressly retains all right, title and interest in and to the Content, including, without limitation, all intellectual property rights therein and thereto. InfoPay, Inc. and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Content in any way whatsoever except as in compliance with these Terms of Service. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Content. You may not alter or delete any proprietary notices from Content downloaded or printed from the Services. Except as expressly permitted by these Terms of Service, any use of the Content may violate copyright and/or other applicable laws.
You acknowledge that the Content may include personally identifiable information and it is your obligation to keep all such accessed information confidential and secure. You will purge all information received through our Services and stored electronically or on hard copy by you within ninety (90) days of your initial receipt of the information.
14.3 Third-Party Content.
Except with respect to images and text that are in the public domain or otherwise publicly available, InfoTracer, the InfoTracer Logo and all InfoTracer product names are trademarks and services marks of InfoPay, Inc. (collectively "InfoTracer Trademarks"), and nothing in these Terms of Service shall be construed as granting any license or right to use the InfoTracer Trademarks without InfoPay, Inc.’s prior written consent. All trademarks, service marks, and logos included on the Services ("Marks") are the property of InfoPay, Inc. or third parties, and you may not use such Marks without the express, prior written consent of InfoPay, Inc. or the applicable third party.
14.5 No Automated or Non-Human Means of Access.
You also may not access or use the Services through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Services’ operations or interference with access to the Services and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
14.6 Additional Permissions.
You may request additional permissions to use any Content by contacting us as described on the Services. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf of and to bind any organization on whose behalf you may be requesting permissions.
You may make no use of the Services or Content not expressly allowed in these Terms of Service until and unless we contact with you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six (6) months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of the Services will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).
14.7 Monitoring of the Services; Audit.
InfoPay, Inc. reserves the right, but does not undertake the obligation, to monitor the use of the Services, and to investigate and take appropriate legal action against any party that uses the Services and Content in violation of these Terms of Service or applicable law. InfoPay, Inc. or its Data Providers (defined below) may, upon reasonable notice, audit your records, processes, and procedures related to your use, storage, and disposal of our Services and Content. You agree to cooperate fully with any and all audits. Violations discovered in any review and/or audit by Reseller or a Data Provider will be subject to immediate action, including, but not limited to, suspension or termination of your right to use our Services or legal action. InfoPay, Inc. reserves the right to accept, reject, or modify any Services and Content, but assumes no liability based on its acceptance, rejection, modification, or failure to modify any Services or Content.
Your violation of any of these use restrictions may result in automatic termination of your account and the licenses granted hereunder.
14.8 Data Providers
You acknowledge and agree that the Services include information collected from third-party data providers ("Data Providers"). If InfoPay, Inc. or its Data Providers determine or suspect that you are engaging in commercial, marketing activities, or reselling or brokering the Content, or are otherwise violating in violation of these Terms of Service, we or our Data Providers may take immediate action, including legal action and termination of these Terms of Service. You understand that our Data Providers are third-party beneficiaries of these Terms of Service, which means that they can enforce any of the provisions herein.
You expressly agree that use of the Services is at your sole risk. InfoPay, Inc. shall not be liable for any loss, liability, cost, or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Services, Information, and Content, including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services and other content provided on the Services, and we are not liable for any reliance you place on the Services.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and you acknowledge that this data may contain errors and omissions. We do not guarantee that Information provided in a search result is current, free of error, accurate, or contains specific information and you therefore should not use the Services to verify any individual’s arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of the Services or the Information. You agree and understand that, except as may otherwise be indicated, any unpaid, preliminary results may differ from paid member searches or reports.
You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.
For the most recent records concerning any individual or vehicle presented on the Services, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON THE INFOTRACER ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
InfoPay, Inc. is not affiliated with the United States Government or any federal or state government agency.
16. Linked Websites and Services
The Services may contain links to and integrations with third-party websites and services, and you agree that InfoPay, Inc. provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services. InfoPay, Inc. does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Services is at your own risk, and InfoPay, Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Service.
17. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INFOPAY, INC. PROVIDES ALL SERVICES, CONTENT, AND INFORMATION "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. INFOPAY, INC. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACHIEVE THEIR INTENDED RESULTS, OR BE ACCURATE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, INFOPAY, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE SERVICES.
18. Limitation of Liability
INFOPAY, INC. IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR INFOPAY, INC. SYSTEMS, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH INFOTRACER OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF INFOTRACER OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF INFOTRACER OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.
NEITHER INFOPAY, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR INFOPAY, INC.'S THIRD-PARTY DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY INFOPAY, INC.'S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED FIVE HUNDRED US DOLLARS ($500.00).
You agree to indemnify, defend, and hold harmless InfoPay, Inc. and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Services or any Information you obtain through the Services (or any third party receiving such information from or through you), (ii) your violation of these Terms of Service, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
20. Liquidated Damages
You agrees that if you improperly use or disclose any of the data contained in the Services, it would be impracticable or extremely difficult to fix the actual damages resulting to us and our Data Providers. Therefore, you agree to pay to us and/or our Data Provider, the sum of One Hundred and No/100 Dollars ($100.00) per record contained in the Services that you improperly use or disclose in violation of these Terms of Service.
We use commercially reasonable measures to provide the Services. Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. We do not guarantee that your information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information.
22. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
22.1 Arbitration Notice.
You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms of Service, it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to: [ ]. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and the us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of these Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS-WIDE ARBITRATION WAIVER: YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
- (1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.
- (2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and We agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within 60 calendar days of your agreement to this Arbitration Provision by mail to firstname.lastname@example.org. Include your name, address, [account number,] and date in the correspondence. This is the only way you can opt-out.
22.2 CLASS ACTION WAIVER: YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
22.3 Claims and Disputes Must be Filed Within One (1) Year.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
23. Governing Law and Jurisdiction
These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
24. General Provisions
These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements (including, but not limited to, any prior versions of these Terms of Service).
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
If any part of these Terms of Service is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of that provision or any other provision of these Terms of Service. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
25. Contact Us
If you have any questions or concerns about these Terms of Service or wish to contact us for any other reason, please click here to contact us, email us at email@example.com, call us at (800) 791-1427, or write:
227 Lewis Wharf
Boston, MA 02110