Effective: January 1, 2008
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Agreement to Terms
Terms of Purchase
After you make a purchase on a Website, you will gain access to our Member's area, a one stop source for all your information needs. The Member's area combines the power of over 30 different searches, tools, and resources to help you in your investigation process. Our Member's area is conveniently divided into two types of searches, Direct and Unlimited (as more fully described below). Your "Report and Membership Access" fee will grant you access to our Member's area and also it will be your Direct search balance. You can use these funds to execute various Direct searches. Please note that your credit card or your Paypal account is not charged each time you conduct Direct searches. The cost per each Direct search will be deducted from your Direct search balance. Should you run out of funds, you may purchase additional searches in our Member's area. After the expenditure of your funds, your subsequent use of the InfoPay EmailTracer's products and services will be subject to InfoPay EmailTracer's then-current rates. You can also purchase an "Unlimited Search Pass" for an additional fee which will grant you access to our "Unlimited" section of the Member's area. Searches included with the Unlimited Search Pass will vary depending on the Website on which you originally signed up.
Direct searches may include: Bankruptcy Records search, Birth Records search, Business Records search, Comprehensive Background search, Court Records Search, Criminal Records search, Death Index search, Email search, Federal Records search, Legal/Civil Judgments search, Marriage/Divorce search, People Search, Person Report, Property Records, Relatives search, Reverse Cell Phone search, Reverse Landline Phone search, Reverse IP search, Sex Offender Search, SSN Validation search, SSN Records search, Vessel/Watercraft Records search, and Warrant search.
Unlimited reports may include: Address history, age, date of birth, marital status, phone number(s), possible relatives and associates, property records, business searches, neighborhood checks, reverse IP search, people searches by name, phone and address.
You agree and acknowledge that except as otherwise indicated, you will be charged for any Direct search, regardless of whether your search yields any reports or records, and regardless of whether any such report or record contains incorrect information or no information at all.
Data on the Websites
The Websites allow you to conduct searches of various public records, as described above. Any data presented as a result of these searches (the "Data") is derived from records that are not in the control of InfoPay EmailTracer and may not always be accurate or complete. Please see the Warranties section below for more information. If you have questions about any Data, or wish to dispute the accuracy of any Data, you should contact the official record keeper.
Only individuals who are United States residents who are eighteen (18) years of age or older may create an account and conduct searches on the Websites. Accounts are for individual use and you are strictly prohibited from allowing third parties to use your account. You are entirely responsible for maintaining the confidentiality of your account and you agree to indemnify and hold harmless InfoPay EmailTracer for losses incurred by InfoPay EmailTracer or another party due to any use of your account by a third party. You agree to notify InfoPay EmailTracer immediately if you become aware or suspect that any third party is using your account.
Use of Data
By conducting any searches on the Websites, you represent and warrant that you will only use the Websites and Data for a lawful purpose. Examples of lawful purposes include, but are not limited to: (a) fraud prevention; (b) asset verification; (c) location of criminals, witnesses, beneficiaries, or heirs; (d) research for debt collection activities; (e) child support enforcement; and (f) compliance with federal, state, or local laws or regulations. You may not use the Websites or Data for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: (a) stalking or harassing any individual; (b) requesting information under false pretenses; and (c) using Data for any other purpose prohibited by law ("Unlawful Purposes"). Furthermore, you agree not to access, reproduce, duplicate, sell, resell, transfer, or exploit the Data for any commercial purposes. NOTE: InfoPay EmailTracer is not a consumer reporting agency as defined under the Fair Credit Reporting Act ("FCRA"), and the information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. You may not use the Websites or Data to: (a) establish an individual's eligibility for personal credit or insurance; (b) assess risks associated with existing consumer credit obligations; or (c) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such a nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual ("Unauthorized Purposes").
Copyrights and Trademarks
The Websites, and any information and materials contained therein, including but not limited to graphics and editorial content ("InfoPay EmailTracer Content"), are owned by InfoPay EmailTracer and/or its licensors, and are protected by copyright, trademark, patent, trade secret, and/or other laws. InfoPay EmailTracer and/or its licensors own and retain all rights, including the worldwide copyright, in the InfoPay EmailTracer Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you shall not use the InfoPay EmailTracer Content in any way whatsoever except as in compliance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the InfoPay EmailTracer Content, and you shall not exploit the InfoPay EmailTracer Content in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from InfoPay EmailTracer Content downloaded or printed from the Websites.
All brand and product names are trademarks or registered trademarks of their respective companies. You are prohibited from using any of the marks or logos appearing throughout the InfoPay EmailTracer Content without express permission from the trademark owner, except as permitted by applicable law.
InfoPay EmailTracer provides access to Data compiled and maintained by third parties. InfoPay EmailTracer does not create, verify, or guarantee the accuracy of such Data. InfoPay EmailTracer is not necessarily affiliated with, endorsed by, or compensated by these third parties.
THE DATA AND THE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, InfoPay EmailTracer DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. InfoPay EmailTracer 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, THE DATA OR THE WEBSITES. YOUR USE OF THE WEBSITES AND DATA IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
InfoPay EmailTracer's entire liability and your exclusive remedy with respect to any dispute with InfoPay EmailTracer is to discontinue your use of the Websites. InfoPay EmailTracer and its vendors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from your use of the Websites or for any other claim related in any way to your use of the Websites. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if InfoPay EmailTracer had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, InfoPay EmailTracer's and its vendors' liability shall be limited to the extent permitted by law.
By using the Websites, you agree to indemnify and hold InfoPay EmailTracer, its directors, officers, employees, affiliates, agents, contractors, licensors, and subsidiaries harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of the Websites or Data in violation of this Agreement, (ii) your use of the Websites or Data for Unlawful or Unauthorized Purposes, and/or (iii) your breach of this Agreement or your violation of any law or the rights of a third party.
The Websites may contain hyperlinks to third-party websites as a convenience to you. InfoPay EmailTracer does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that InfoPay EmailTracer is not responsible or liable for any content or other materials on these third party sites.
Use of Ideas Submitted
You hereby acknowledge and agree that InfoPay EmailTracer is free to use any comments, suggestions, information, concepts, reviews, techniques, or other information contained in any communication you may send to InfoPay EmailTracer or may have with a InfoPay EmailTracer representative (the "Ideas"), and that InfoPay EmailTracer shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by InfoPay EmailTracer for commercial purposes, including, but not limited to, use by InfoPay EmailTracer for improving the Websites or for developing and marketing any products or services.
By using the Websites, you agree to receive electronic communications from InfoPay EmailTracer. You agree that any notice or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any dispute concerning the Data, the Websites, or this Agreement shall 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 shall be entitled to collect its reasonable attorneys' fees in addition to any other relief the party may obtain.
If any provision of this Agreement is found to be invalid by any court having any competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
No-Hit, No Fee Policy
If you run a premium search that does not yield a result you will be able to run another search at no additional cost. We strive to automate the process of automatically replacing the credits or pass used to run that search. However please contact our customer support if the system did not automatically add back the credits or pass used in cases of a no-hit.
Data, materials, features, products and services may be added to or withdrawn from the Websites or otherwise changed without notice.
The Websites are not affiliated with the United States Government or any Federal or State government agency.
Opt Out Policy
Under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, an individual may opt-out of having certain of their information included in Data if one of these conditions exists: (1) You are a state, local or federal law enforcement officer or public official and your position exposes you to a threat of death or serious bodily harm; or (2) you are a victim of identity theft; or (3) you are at risk of physical harm; or (4) you have evidence the record is incorrect or expunged. To opt-out, submit the following information:
1) A written explanation for the opt out request. Identify the specific location of Your Data on our Website, and where your personal Data is publicly available, identify one of the four conditions You enabling you to opt-out of having your personal Data removed, and describe why such personal Data that is publicly available is inaccurate and harmful. NOTE: Please submit ONE request per individual.
2) Copy of your current driver's license or state identification (this information is necessary in order for us to authenticate that the request is being made by the individual to whom the information belongs to).
All requests must include:
- Full name and date of birth
- Aliases, if any
- Current address
- Previous addresses
- Email address
3) Specific complete details of the records you are requesting to be removed
NOTE: Only your current and up to two previous address records will be removed.
4) Include a print out of the records you wish to have suppressed.
5) Copies of any applicable court orders, if any.
You may request to opt-out by submitting your information to the following fax number:
EmailTracer Opt Out Compliance Dept.
P.O. Box 990043
Boston, MA 02199
Fax: (617) 993-9946
IMPORTANT NOTE: Unsigned or incomplete requests will not be processed. We will use good faith efforts to help prevent your non-public record information from being distributed. We cannot provide any assurance that information that is otherwise public record information, such as court records, will be withheld. Although most information is usually removed or blocked permanently, we do not guarantee the information will not be available again in the future from other sources or our site.
>>> This Fax Number is for opt-out requests ONLY. Please click HERE to submit a customer service request for any other issues.
Please Note: The Opt-out Compliance Department does not manage any customer related issues, please contact our customer support for all customer related matters.
Note & Disclaimer: We will use good faith efforts to help prevent your non-public record information from being distributed. We cannot provide any assurance that information that is otherwise public record information, such as court records, will be withheld. Although most information is usually removed or blocked permanently, we do not guarantee the information will not be available again in the future from other sources or our site.