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 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.
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.
(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.
(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.
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.
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:
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.
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.
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.
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.
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 email@example.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.
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 firstname.lastname@example.org. Our Customer Service Department is open 24/7.
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.
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.
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.
(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.
(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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
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: [ ]. 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:
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 email@example.com. Include your name, address, [account number,] and date in the correspondence. This is the only way you can opt-out.
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.
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.
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:
227 Lewis Wharf
Boston, MA 02110
Effective Date: July 22, 2021
This notice does not apply to information collected or obtained by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.
1.1. California Privacy Rights. The California Consumer Privacy Act ("CCPA") of 2018 enhances privacy rights and consumer protection for residents of California. For specific information related to the CCPA, please see Section 13, California Residents https://business.infotracer.com/privacy#california-residents.
When using the Sites, you may choose to provide us with personal information as follows:
2.1. Requested Information. On various pages on the website, we may request specific personal information about you in order to register you for an account if you wish to purchase InfoTracer services, add you to our email list, facilitate your payments for services, or fulfill your requests for information. You may choose not to provide your personal information, but then you might not be able to take advantage of some of the features of our website and services. We only collect basic personal information from you that does not include any special types of information (e.g., biometric or health-related). The types of personal information we collect and save include:
2.2. Financial Information. All personal financial information required to complete your purchase will be securely collected for purposes of processing payments and completing transactions. In some cases, we may securely provide this personal financial information to a third party vendor who provides us with payment processing services.
2.4. Facial Recognition. At your selection, you may upload a photograph of an individual inorder to conduct a facial recognition search. We collect this information solely to conduct a search of the photograph to determine the identification of the individual located within the photograph (see below Section 5 describing our Biometric Information and Security).
2.5. Push Notifications: We use a third-party to provide push notification services for users. You must opt-in to receive push notifications. If you opt-in to receiving push notifications from the Website, the third-party will receive certain information related to you, including your IP address; your device identifier, and your geolocation. As part of these push notifications, the third-party may provide advertisements and/or information related to our services to you on other related websites.
2.6. Tracking and Aggregated Information. We may now or in the future use tools, including third-party analytical software, to automatically collect certain information about the computer or other device you use to reach our Sites, without any active submission of information from you. We may automatically and through third-party tracking services (e.g., Google Analytics) gather certain non-personal information about your use of our website and store it in log files. This information may include IP addresses, browser type, Internet Service Provider ("ISP"), referring/exit pages, operating system, date/time stamps, and related data. For non-member visitors, we remove all identifying information and the aggregated tracking information solely to improve the quality of our products and services. For members, the identifying information may be used to customize your experience with the Sites. Out of respect for your privacy, we do not link this automatically-collected data to your personal information. We may also collect deidentified, anonymous and aggregate information such as age, gender, race, religion, household income for analytical purposes.
This information may be collected via several technologies, including cookies, web beacons, clear GIFs and other means. All of this information belongs to us, and we use it to improve effectiveness, content, layout and/or operation of our website. You can remove certain cookies by following the directions in your Internet browser's "help" file or through our Cookie Preferences (see Section 4 below). If you disable cookies, your ability to use areas of the Sites may be limited.
2.7. Location Information. At this time, we do not collect location information from mobile devices.
We use the information we collect from you when you browse and use our Sites in the following manner:
|Categories of Personal Information||Use of Information|
|Identification information, application usage data (e.g., features/pages accessed by a user, photographs).||To operate and improve the Sites and associated services.|
|Identification information, application usage data (e.g., features/pages accessed by a user).||To understand and analyze information related to the number and type of visitors that browse and use the Sites.|
|Name, phone number, mailing address, email address.||To create and maintain an account for you to allow you to purchase and use the services we make available on the website.|
|Name, phone number, mailing address, email address.||To provide you with information, products, or services that you request from us, or that may be of interest to you.|
|Name, phone number, mailing address, email address.||To respond to your comments, inquiries and questions and provide customer services.|
|Name, phone number, mailing address, email address.||To send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies. Because this information may be important to your use of the Sites, you may not opt-out of receiving these communications.|
|Name, mailing address, email address, phone number, demographic information, photograph||To allow you to participate in interactive features on our Sites.|
|Name, mailing address, email address, phone number, demographic information||To link or combine with other personal information we get from third-parties, to help understand your needs and provide you with better information on the Sites.|
|Name, phone number, mailing address, email address.||To create an account on the Sites.|
|Name, mailing address, billing address, phone number, email address, credit card information||To allow you to purchase our Services for which you have provided payment|
|Name, mailing address, billing address, phone number, email address, credit card information||To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.|
|Name, mailing address, email address, phone number, demographic information||To fulfill any other purpose for which you provide it or for which you have given us consent to use it.|
You can opt-out of certain use(s) of your personal information, as described below.
How We Use Automatically Collected Information
The information we collect automatically is statistical data and generally does not contain personal information. However, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use this automatically-collected information to improve our Sites and to deliver a better and more personalized service, including to:
We want to be completely transparent about the cookies we use and to make their control as easy as possible for you. When you first enter our Sites, you will be asked to accept or reject cookies via the Cookie Notice.You are free to decline to accept cookies, but by doing so, you may not be able to take full advantage of all of our offerings. Certain of the cookies are necessary in order for the site to function. In certain circumstances, we may link the information we store in cookies to personal information you submit while using InfoTracer.
Further, if you want to delete any cookies that are already on your computer, please refer to the file management software to locate the file or directory that stores cookies under the following file names. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our website.
We or our service providers may also use "pixel tags," "web beacons," "clear GIFs," "embedded links" and other commonly-used information-gathering tools in connection with some website pages and HTML-formatted email messages. We use these tools for such purposes as compiling aggregate statistics about website usage and response rates. A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors' hard drives. Pixel tags allow us and our service providers to count users who have visited certain pages of the website, to deliver customized services, and to help determine the effectiveness of our website and services. When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.
As you use the Internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "clickstream data", can be collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the website. We may use clickstream data as a form of non-personal information to determine how much time visitors spend on each page of our website, how visitors navigate through the website, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our website.
User Behavior Tracking
We may track the webpages and links our users visit within our website, in order to determine what services are most popular. We may use such tracking data to deliver customized content and advertising to users whose behavior indicates they are interested in a particular subject area. We may also collect user data to track the areas of a webpage where users most frequently move the mouse or click. These tracking activities make it possible to monitor and analyze web traffic and evaluate user behavior to customize our services.
This section defines InfoTracer's policy and procedures for collection, use, safeguarding, storage, retention, and destruction of biometric data collected by InfoTracer to provide you with certain Services. Biometric data means personal information stored by the Company about an individuals' physical characteristics that can be used to identify that person.
In order to conduct a face search, you must provide a photograph that will be collected and stored by InfoTracer for the purpose of comparing the identity within the photograph to other identities within the database.
InfoTracer uses Amazon Rekognition technology (https://aws.amazon.com/rekognition/) to conduct facial analysis to create facial search capabilities to detect, analyze, and compare faces with facial images available from public sources and other resources.
InfoTracer's policy is to protect and store biometric data in accordance with the applicable standards and laws. An individual's biometric data will not be collected or otherwise obtained by InfoTracer without prior written consent of the individual or confirmation from you that you have the appropriate authorization to conduct the search with the photograph.
InfoTracer will not sell, lease, trade, or otherwise profit from an individual's biometric data. Biometric data will not be disclosed by InfoTracer unless (i) consent is obtained, (ii) required by law; or (iii) required by valid subpoena or warrant.
Biometric data will be stored using a reasonable standard of care and in a manner that is the same or exceeds the standards used to protect other confidential and sensitive information held by InfoTracer. The photograph will be permanently deleted from InfoTracer's systems within a reasonable time after your search, not to exceed 3 years from the date of your search.
Many modern web browsers give you the option to send a "Do Not Track" signal to the websites you visit, indicating that you do not wish to be tracked. At this time, the website and services do not specifically respond to "Do Not Track" signals.
We encourage you to review the privacy policies of our third party advertisers and analytics service providers to learn about your choices about information they collect from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use, including how to opt-out of interest based advertising they deliver. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.
7.1. Sharing Policy. In general, we will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law (e.g., in response to a court order or subpoena, or in response to a law enforcement agency request); (d) as we think necessary to protect our organization or others from injury (e.g., when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); (e) on a confidential basis with persons or organizations with whom we contract to carry out internal and external site operations or as necessary to render the services; (f) or otherwise as necessary to comply with applicable law. Additionally, we may also exchange information with third parties for fraud protection and credit risk reduction.
7.2. It is not our practice to sell your personal information collected via your usage of the Sites. However, our services include providing users with access to publicly available information collected via government websites and other third-parties. We provide you with an option to opt-out of the sale of your personal information if you click the "Do Not Sell My Personal Information" link on the website, available here https://business.infotracer.com/optout.
7.3. Aggregate Sharing. We may share anonymous, deidentified aggregate information with third-parties, including affiliated and non-affiliated organizations such as advertisers.
You may elect to share certain personal information with individuals (e.g., other members) or with the public via your use of the website or the services. In this case, you will control such sharing via settings that we provide on your account. For example, the website may make it possible for you to publicly share information via social media such as Facebook or Twitter.
Be aware that when you choose to share information with friends, professionals, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred. Always use caution when sharing information through the website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the website.
9.2. InfoTracer Data Removal. As a courtesy, we provide you with a method of removing certain information about you from InfoTracer search results. Please click here to view our Data Removal Policy.
9.3. Access to Login Information. Should you forget your account login information, you may request that we send it to the email address associated with your account. To prevent unauthorized disclosure of and access to your account and search history, you should always keep your email address and account information secure.
10.1. Notifications and Alerts. If you choose to purchase InfoTracer services, we will send you a welcome email including information about your purchase and account. We will also periodically send you alerts regarding updated results for searches you have previously conducted, and updated information about the subject of your search.
10.2. Notification Opt-In. We may offer you the ability to opt-in to receive notifications about new or upcoming products or services, and promotional materials and offers from us as well as from our subsidiaries, marketing partners, advertisers and other third parties. We may offer these notifications via email, via browser notifications, or both. Out of respect for your privacy, you may opt-out of receiving these notifications as described below.
10.3. Email Notification Opt-Out. If you no longer wish to receive email notifications, you may opt-out of receiving them as instructed in each email, or please click here for instructions. Be advised that you may not opt-out of receiving administrative email notifications from us related to technical support or customer services requests, billing and subscription issues, search alerts, or changes to the InfoTracer Terms of Service or Privacy Notice.
10.4. Browser Push Notification Opt-Out. If you no longer wish to receive browser push notifications, you may opt-out of receiving them by clicking here or using the instructions at the following links:
Occasionally, at our discretion, we may link to third party sites or content on third-parties sites. We may do this for the convenience of you and other users of the Sites, but we do not have control over the operation of these third-party websites. These third-party sites have separate and independent privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.
Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third party sites. We urge you to review the privacy policies posted on these third-party websites at the time you first visit such sites.
12.1. Security. After receiving your personal information, we will store it on our website systems for future use. We have physical, electronic, and managerial mechanisms (e.g., Secure Sockets Layer ("SSL") encryption) in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.
Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
12.2. Storage. We store personal information for as long as reasonably required for its purpose or for any additional period required or allowed by applicable law (if any). Account information is deleted when you or when we delete your account. We may store information longer for legitimate business reasons (for example, Personal Data may remain in backups for a reasonable period of time), or as legally required. Otherwise, we store your Personal Data until you request us to remove it from our servers. We store our logs and other technical records indefinitely.
12.3. Driver's Privacy Protection Act. For sites that offer motor vehicle record searches, we retain records of your search for five (5) years as required by the Driver's Privacy Protection Act of 1994 ("DPPA").
The Sites collect information and process and store that information in databases located in the United States. If you are visiting the Sites from a country outside the United States, you should be aware that you may transfer personal information about yourself to the United States, and that the data protection laws of the United States may not be as comprehensive as those in your own country. By visiting the Site and submitting any personally identifiable information you consent to the transfer of such personally identifiable information to the United States.
Additional information for international visitors can be found below.
Access to Specific Information and Data Portability Rights
California residents have the right to request that InfoPay, Inc. disclose certain information to you about InfoPay, Inc.'s collection and use of your personal information over the past twelve (12) months. Once InfoPay, Inc. Corporation receives and confirms a verifiable consumer request from you, InfoPay, Inc. will disclose to you, to the extent permitted by law:
You shall have the right to request that the information described above be provided to you in a portable and readily usable format, to the extent technically feasible ("data portability").
InfoPay, Inc. does not sell your personal information.
Deletion Request Rights
You have the right to request that InfoPay, Inc. delete certain of your personal information that InfoPay, Inc. Corporation collected from and/or related to you and retained, subject to certain exceptions.
To the extent that InfoPay, Inc. can delete your personal information, once InfoPay, Inc. receives and confirms your verifiable consumer request, InfoPay, Inc. will delete (and direct our service providers to delete) your personal information, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Your Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to InfoPay, Inc. by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
InfoPay, Inc. cannot respond to your request or provide you with your personal information if InfoPay, Inc. Corporation cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. Any disclosures provided pursuant to the CCPA will only cover the 12-month period preceding the receipt of the verifiable consumer request.
InfoPay, Inc. will respond to a verifiable consumer request within 45 days of its receipt, or notify you that InfoPay, Inc. requires more time to respond and the reason for the extended response time. InfoPay, Inc. will deliver its written response by mail or electronically, at your option.
To the extent that your verifiable consumer request is excessive, repetitive, or manifestly unfounded, InfoPay, Inc. Corporation may charge a reasonable fee to respond to such request.
InfoPay, Inc. will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, InfoPay, Inc. will not:
To the extent that you are accessing this website from a location within the European Union, the following information shall apply to the collection and processing of your Personal Information.
EU Privacy Rights
The data controller for the Sites is InfoPay, Inc.. InfoPay, Inc. processes personal information it collects through the Sites for InfoPay, Inc.'s legitimate business purposes, as described above. You are a Data Subject with certain privacy rights concerning your personal information.
Explanation and copies of your data
You have the right to request an explanation of the personal information that InfoPay, Inc. has about you and how InfoPay, Inc. uses that information. You also have the right to receive a copy of the personal information that InfoPay, Inc. collects about you if collected on the basis of consent or because InfoPay, Inc. requires the information to provide the services that you request.
If InfoPay, Inc. has personal information about you that you believe is inaccurate, you have the right to request correction of your personal information. Please see below for more information on correcting, or requesting correction of, your information.
You may request deletion of your personal information at any time. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. Please see the "Reviewing, Correcting and Deleting Personal Information Collected Through the Site" section above for more information regarding InfoPay, Inc. Corporation's retention and deletion practices.
Objections and complaints
Members and visitors in the EU have the right to object to InfoPay, Inc.'s processing of personal information, including for marketing purposes based on profiling and/or automated decision making. InfoPay, Inc. may continue to process your information notwithstanding the objection to the extent permitted under applicable law.
In addition, you have the right to lodge a complaint with a supervisory data protection authority, contact information is available at https://edpb.europa.eu/about-edpb/board/members_en.
You may also submit questions, comments or complaints to InfoPay, Inc. at firstname.lastname@example.org.
Grounds for Processing
The European Union's General Data Protection Regulation ("GDPR") requires that companies processing the personal information of EU users do so on the basis of specific legal grounds. As described below, InfoPay, Inc. processes the information of EU users based on one or more of the grounds specified under the GDPR:
Exercising Your Data Rights
To exercise the data rights described above, please submit a request to InfoPay, Inc. by submitting a request through the Online Portal https://business.infotracer.com/contact or contacting us at email@example.com. Only you, or a person authorized to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.
InfoPay, Inc. cannot respond to your request or provide you with your personal information if InfoPay, Inc. Corporation cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a data rights request does not require you to create an account with us. We will only use personal information provided in a data request to verify the requestor's identity or authority to make the request.
InfoPay, Inc. will respond to a request within 30 days of its receipt, or notify you that InfoPay, Inc. requires more time to respond and the reason for the extended response time. InfoPay, Inc. will deliver its written response by mail or electronically.
These Sites are not intended for use by persons under the age of 18 and InfoPay, Inc. does not specifically market to children under 13. We do not knowingly collect any information from any minors and our website will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian. In the event that we discover that a person under the age of 13 has provided personal information to us without parental consent, we will make efforts to delete the person's information.
227 Lewis Wharf
Boston, MA 02110
This Data Use Agreement (the "Agreement") is entered into effect from (date of signing of the agreement) by and between InfoPay, Inc., having its principal place of business at Suite 227, 28 Atlantic Ave., Boston, MA, 02110-3802 (InfoPay, Inc.) and the customer, as entered in the Registration Form, collectively referred to as "Parties".
NOW, WHEREAS, the Parties agree as follows: