Terms of Service

Effective Date: April 01, 2020

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

Welcome to InfoTracer, a public records search service provided by Accucom Corporation ("we", "us"). The InfoTracer website (available at https://infotracer.com including all content under the "infotracer.com" domain name) is owned and operated by us, and referred to herein as the "website" or the "Site". We provide the website and the associated products, services, data, information, updates and materials (altogether, the "services"), subject to your agreement to and compliance with the terms and conditions set forth in this document and its incorporated terms (the "Terms").

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

If you are accepting this Agreement 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 this Agreement. You cannot purchase InfoTracer services until you have indicated your acceptance of these Terms.

These Terms of Use apply only to your use of the Site, and was last updated as of April 01, 2020. We expressly reserve the right to revise these Terms of Use at any time and such revision shall be posted here and accessible via this link: https://infotracer.com/terms. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Site on or after the effective date of such revision and/or addition.

Important Notices

1. By using and/or visiting the website, you represent that you have read, understand, and agree to all the terms and conditions of these Terms, 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.

2. We reserve the right to change, modify, add to, or otherwise alter these Terms at any time, or to change or discontinue any aspect or feature of the website or services without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the website. You agree to review these Terms 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 on the website, available at https://infotracer.com/terms. Your use of the website and/or services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.

Registration

(a) Account Registration: You must be 18 years of age or older to use InfoTracer and purchase any InfoTracer services. Any offers of sale are only intended for individuals who are 18 years of age or older. By using InfoTracer or purchasing InfoTracer services, you affirm that you are 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. You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account. Accucom Corporation reserves the right to revoke your registration without notice to you in the event you breach any part of these Terms of Service or the Privacy Notice.

(b) Eligibility: As an express condition of being permitted to use and register on InfoTracer, 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 you 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.

(c) Passwords: Upon registration on InfoTracer, 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 Accucom Corporation of any suspected or actual unauthorized use of your account. You agree that InfoTracer 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.

(d) 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, the cancellation of your account will have no impact on any pending purchases made via the Site. Further, even after cancellation and/or termination of your account, you may still make one-time purchases on the Site.

(e) Termination and Suspension by Accucom Corporation: Accucom Corporation may terminate your account and/or these Terms of Service at any time and for any reason upon notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your account and/or these Terms of Service will have no impact on any pending purchases made via the Site.

(f) 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 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 this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it 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.

(g) Indemnification: You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of 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.

Service Options and Billing

Current pricing for services and subscriptions is available on InfoTracer’s website. We reserve the right to modify prices and to add or remove services or subscription options at any time without prior notice to you. The searches available to you are determined by the trial period or subscription level you choose, and are subject to change without notice to you. Certain the services are provided via monthly subscriptions or through one-time payment options. You agree and understand that the availability of a search option does not necessarily mean your searches will yield correct or relevant results, or any results at all.

Billing Policies

Payment of fees for purchases of InfoTracer 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 are 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 InfoTracer 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 below for more details). You acknowledge and agree that we 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 or SAFECART.COM INFOTRACE.

Trial Periods and Initial Searches

We may offer you access to either free or paid trial uses of InfoTracer 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.

We may also provide you with an opportunity to conduct an initial search before registering an Account with the Site. You agree and understand that, except as may otherwise be indicated, any initial searches may not yield any results, and we do not guarantee whether or not the results contain incorrect information or no information at all.

Recurring Payment Subscriptions

RECURRING PAYMENT SUBSCRIPTION PLANS AUTOMATIC RENEWAL FEES 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 30 DAYS THEREAFTER (THE "AUTOMATIC RENEWAL DATE"), AS AUTHORIZED BY YOU DURING THE SIGN-UP PROCESS BY CHECKING THE BOX DEMONSTRATING YOUR CONSENT TO SUBSCRIPTION BILLING. YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SAME SUBSCRIPTION SELECTED BY YOU IN CONNECTION WITH YOUR ORIGINAL SERVICE ORDER ON EACH AUTOMATIC RENEWAL DATE. UPON PAYMENT OF YOUR ORIGINAL SERVICE ORDER, 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 ALSO SEND YOU AN AUTOMATIC RENEWAL DATE REMINDER, AND 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 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 support@infotracer.com. 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.

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 support@infotracer.com. Our Customer Service Department is open 24/7.

License and Conditions of Use

Conditioned on your compliance with these Terms and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use InfoTracer, its content, or any part of the Site (individually and collectively, the "Site Content") for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to InfoTracer not expressly granted to you.

You may not use InfoTracer, or any search results or other information you may receive through use of InfoTracer ("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. Further, you acknowledge that the Site contains real CRIMINAL & PUBLIC RECORDS collected from thousands of county sheriff offices, police departments, courthouses and other public and private sources and that InfoTracer is not a consumer reporting agency as defined by the Fair Credit Reporting Act, and does not assemble or evaluate information for the purpose of supplying consumer reports. You understand that you may not use information provided by InfoTracer.com for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening. You understand that license plate and VIN searches are only available for a purpose authorized by the Driver's Privacy Protection Act of 1994 (DPPA).

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 InfoTracer in any manner or form, (iii) copy, distribute, or create derivative works based on the Site Content (as defined below), (iv) exploit the Site Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey InfoTracer or any elements thereof.

Your violation of any of these Terms may result in automatic termination of your account and the licenses granted hereunder.

FCRA Notice

Accucom Corporation 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. InfoTracer simply aggregates and provides access to publicly-available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from InfoTracer 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 InfoTracer search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless Accucom Corporation 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 InfoTracer search results in a manner covered under the FCRA.

DPPA Notice

You understand, agree, and acknowledge that you may conduct a motor vehicle record search through InfoTracer 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 InfoTracer for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use of motor vehicle records made available through InfoTracer 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 Accucom Corporation, InfoTracer, and its 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.

Additional Restrictions on Use

You are responsible for your access or use of the Site. 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.

(a) Site 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 Site, 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 "Site Content"). Accucom Corporation, and/or its related companies or licensors, expressly retains all right, title and interest in and to the Site Content, including, without limitation, all intellectual property rights therein and thereto. Accucom Corporation and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Site 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 Site Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Site Content. You may not to alter or delete any proprietary notices from Site Content downloaded or printed from InfoTracer. Except as expressly permitted by these Terms of Service, any use of the Site Content may violate copyright and/or other applicable laws.

(b) Third Party Content: In addition to the Site Content, the Site may contain information and materials provided by third parties (collectively, "Third Party Content"). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Trademarks: 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 Accucom Corporation (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 Accucom Corporation’s prior written consent. All trademarks, service marks and logos included on the Site ("Marks") are the property of Accucom Corporation or third parties, and you may not use such Marks without the express, prior written consent of Accucom Corporation or the applicable third party.

(d) No Automated or Non-Human Means of Access: You also may not access or use the Site 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 Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

(e) Additional permissions: You may request additional permissions to use any Site Content by contacting us as described on the Site. 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 and to bind any organization on whose behalf you may be requesting permissions.

You may make no use of the Site Content not expressly allowed in these Terms of Use 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 months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content 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).

(f) Monitoring of Site Content and use of Sites: Accucom Corporation reserves the right, but does not undertake the obligation, to monitor the use of the Site, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Service or applicable law. Accucom Corporation reserves the right to accept, reject or modify any Site Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content.

Disclaimers

You expressly agree that use of InfoTracer is at your sole risk. Accucom Corporation 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) InfoTracer, including any 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 InfoTracer.

Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and that this data may contain errors and omissions. We do not guarantee that Information is current or accurate, and you therefore should not use InfoTracer 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 InfoTracer or Information. 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 InfoTracer, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON INFOTRACER ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.

Accucom Corporation is not affiliated with the United States Government or any federal or state government agency.

Linked Websites and Services

The Site may contain links to and integrations with third party websites and services, and you agree that Accucom Corporation 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, and that Accucom Corporation does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Site is at your own risk, and Accucom Corporation 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.

No Warranties

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ACCUCOM CORPORATION PROVIDES ALL SERVICES AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCUCOM CORPORATION MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, ACCUCOM CORPORATION 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.

ACCUCOM CORPORATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, INFOTRACER. YOUR USE OF INFOTRACER IS SOLELY AT YOUR OWN RISK.

THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON INFOTRACER.

Accucom Corporation does not warrant that InfoTracer will be uninterrupted or error free; nor does Accucom Corporation make any warranty as to the results that may be obtained from use of InfoTracer, or as to the accuracy or reliability of any information, service, or materials provided through the Services.

Limitation of Liability

ACCUCOM CORPORATION 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 INFOTRACER, 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, INCLUDE ANY PRIVACY OR SECURITY BREACHES.

ACCUCOM CORPORATION, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT 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 INFOTRACER. 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 INFOTRACER WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.

Indemnification

You agree to indemnify, defend, and hold harmless Accucom Corporation and its officers, directors, agents, employees, partners, affiliates, 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 Site or any Information you obtain through the Site and (ii) your violation of these Terms your, (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.

Location of the Site and your Use

Accucom Corporation operates or controls the operation of the Site from the United States. In addition, the Site may be mirrored, and other websites operated or controlled by Accucom Corporation may be operated from various locations in and outside of the United States. Accucom Corporation makes no representation or warranty that all of the features of the Site will be available to you outside of the United States, or that the Site is permitted to be accessed outside of the United States. Additionally, the Site may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Site from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

Termination

We reserve the right to terminate or restrict your account and/or access to InfoTracer 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. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of InfoTracer. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

Arbitration

Any dispute concerning Accucom Corporation, any InfoTracer services, Information, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.

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. All claims/disputes arising out of or relating to these Terms of Use will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Boston, Massachusetts, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

General Conditions

These Terms constitute the entire agreement between you and us, and governs your use of InfoTracer, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any part of these Terms 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 will not constitute a waiver of that provision or any other provision of these Terms. 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.

Contact Us

If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us or write:

Infotracer.com
227 Lewis Wharf
Boston, MA 02110