Terms of Service - Infotracer.com

Terms and Conditions – Business Accounts

Effective Date: May 13, 2022

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

Welcome to InfoTracer Business, a public records search service provided by InfoPay, Inc. ("InfoTracer", "we", "us"). The InfoTracer website (available at https://business.infotracer.com/ including all content under the "infotracer.com" domain name, including but not limited to, infotracer.com/business) 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 InfoTracer Business application and 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.

By using the Site, you agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 22.

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 May 13, 2022. 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://business.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.

1. 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 Policy ("Privacy Policy") which is fully incorporated herein by reference. The Privacy Policy 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://business.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.

2. 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. 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 or the Privacy Policy.

(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, and (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.

(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 InfoPay, Inc. 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 InfoPay, Inc.: InfoPay, Inc. may terminate your account and/or these Terms 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 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. All sections of these Terms 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.

3. 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 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. 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.

4. 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 policies. 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.

You must maintain a prepaid amount in your account to cover applicable charges. Applicable charges, if any, will be deducted from your account each time you make a report purchase. You may choose to replenish your Business Account in one of the following ways:

Authorizing InfoTracer to automatically charge your Payment Account for a set payment amount to your account. If you select to auto replenish your account, you agree and are aware that you are pre-authorizing InfoTracer to withdraw funds from your Payment Account each time your account balance decreases to or below the replenishment point specific to your account. You acknowledge and agree that we will not obtain additional authorization from you for each recurring fee charged to your Payment Account. Automatic replenishments may be eligible for bonus funds ("Bonus Funds").
One-time deposit 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.

5. Initial Searches

We may 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, these initial searches provide preliminary results only and may differ from paid member searches or reports. We do not guarantee that any initial search contains specific information, are free of error or include accurate and complete information.

6. Consent to Use

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.

7. Trial Periods

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.

You agree and understand that, except as may otherwise be indicated, any trial period searches may not yield any results. We do not guarantee the results contain any specific information, are free of error or include accurate and complete information.

8. Termination

YOU MAY CANCEL YOUR ACCOUNT AND MEMBERSHIP AT ANY TIME. TO DO SO, (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT, (2) CONTACT US AT (855) 938-2140, OR (3) EMAIL US AT business.support@infotracer.com. OUR CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.

Once all outstanding fees have been deducted from your account following cancellation, any remaining balance will be refunded to you. Bonus Funds are non-refundable.

9. 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 (855) 938-2140 or via email at business.support@infotracer.com. Our Customer Service Department is open 24/7.

10. 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 business purposes as set forth in the Data Services Application. 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). You further acknowledge and agree that you will not use the Information in any manner that violates the Data Use Agreement or for any reason other than your business purposes as set forth in the Data Services Application.

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.

You acknowledge that the Site 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 Site and stored electronically or on hard copy by you within ninety (90) days of your initial receipt of the information.

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

11. 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. 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 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 InfoTracer search results in a manner covered under the FCRA.

12. 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 InfoPay, Inc., 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.

13. 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 Policy, Data Use Agreement or is harmful to our interests. You understand that you may be restricted from accessing certain Site which may be otherwise available to other users.

(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"). InfoPay, Inc., 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. InfoPay, Inc. 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 policies 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 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 Site ("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.

(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 or Site not expressly allowed in these Terms of Use including without limitation (i) for commercial, collections, governmental, marketing, or advertising purposes, or (ii) by accessing the Site and Site Content from Internet Protocol (IP) addresses outside of the United States; or (vii) to create a competing product. 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: InfoPay, Inc. 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. InfoPay, Inc. 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.

(g) Audit: 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 Site and Content. You agree to cooperate fully with any and all audits. Violations discovered in any review and/or audit by InfoPay, Inc. or a Data Provider will be subject to immediate action, including, but not limited to, suspension ot termination of your right to use our Site or legal action.

(h) Data Providers: You acknowledge and agree that the Site 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.

14. Disclaimers

You expressly agree that use of InfoTracer 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) 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, and we are not liable for any reliance you place on the Site.

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.

InfoPay, Inc. is not affiliated with the United States Government or any federal or state government agency.

15. Linked Websites and Services

The Site 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, and that 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 Site 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.

16. No Warranties

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

INFOPAY, INC. 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.

InfoPay, Inc. does not warrant that InfoTracer will be uninterrupted or error free; nor does InfoPay, Inc. 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.

17. 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 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.

NEITHER INFOPAY, INC., ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR INFOPAY, INC.'S 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 INFOTRACER, 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 INFOTRACER WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.

18. Indemnification

You agree to indemnify, defend, and hold harmless InfoPay, Inc. 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 (or any third party receiving such information from or through you), 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.

19. Liquidated Damages

You agree that if you improperly use or disclose any of the data contained in the Site, 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 Site that you improperly use or disclose in violation of these Terms of Service.

20. Location of the Site and your Use

InfoPay, Inc. 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 InfoPay, Inc. may be operated from various locations in and outside of the United States. InfoPay, Inc. 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.

21. 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.

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 (except for Exempt Claims, as defined below), 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: 227 Lewis Wharf, Boston, MA 02110. 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 privacy@infotracer.com. Include your name, address, 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.

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. 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.

24. 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.

25. 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