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

Privacy Policy

Effective Date: November 01, 2022

Welcome to InfoTracer, a public records search service provided by InfoPay, Inc. ("we," "us," or InfoPay, Inc.). InfoPay, Inc., together with its affiliates and subsidiaries, has created this Privacy Policy to apply to all users and clients of our website (https://business.infotracer.com/) and the associated products, services, data, information, and materials offered therein (collectively, the "Services").

This Privacy Policy is part of and supplements the InfoPay, Inc.. Terms of Service (the "Terms") available here: https://business.infotracer.com/terms.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. YOUR USE OF THE SERVICES CONSTITUTES YOUR CONSENT TO THIS PRIVACY POLICY. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY POLICY.

This Privacy Policy applies only to your use of the Services, and was last updated as of November 01, 2022. InfoPay, Inc. may revise this Privacy Policy at any time and such revision shall be posted here and accessible via this link: https://business.infotracer.com/privacy. Any revision and/or addition to this Privacy Policy shall become effective and binding on you when you continue to use the Services on or after the effective date of such revision and/or addition.

1. Information Collection

When you use the Services, we may collect the following types of personal information about you, which are described in more detail below: (A) personal information we request from you; (B) personal information we automatically collect; and (C) personal information we may receive from third parties.

1.1 Requested Personal Information.

On various pages on the Services, we may request, and you may provide specific personal information, including without limitation:

• Contact and account registration information such as name, email address, physical billing address, phone number, business name;
• Financial information such as credit card number, name, CVV code, date of expiration;
• Demographic information you choose to provide such as age or date of birth;
• A photograph of you when you choose to upload it;
• Information you provide such as feedback, comments, or other messages, including via calls and messages placed through the Services.

1.2 Personal Information We May Automatically Collect About You.

Our Services may automatically collect certain personal information about you. We use this personal information to help us design our Services to better suit our users’ needs. This personal information may include:

• Your InfoTracer search history and search engines used;
• IP address, which is the number associated with the service through which you access the Internet, like your ISP (Internet service provider);
• Browser type, referring/exit pages, operating system, date/time stamps, and related data;
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or "UDID");
• Analytics about use of the Services, such as how and how often you use pages or features of the Services.

To learn more about the technologies we use to collect this personal information, which includes cookies, see Section 3 "Usage of Cookies and Other Network Technologies."

1.3 Information We Receive from Third Parties.

Third-Party Websites and Social Media Platforms. We may collect additional personal information about you from third-party websites, social media platforms, such as but not limited to, Facebook and Instagram ("Social Media Platforms") to help us provide services to you, help prevent fraud, and for marketing and advertising purposes.

Information we may access about you, with your consent, may include, but is not limited to, your basic Social Media Platform information, your location data, your list of contacts, friends or followers and certain information about your activities on the Social Media Platform. Please keep in mind that when you provide information to us on a third-party website or platform (for example, via our applications), the information you provide may be separately collected by the third-party website or the Social Media Platform.

The information we collect is covered by this Privacy Policy, and the information the third-party website or Social Media Platform collects is subject to the third-party website or platform’s privacy practices. We encourage you to be aware when you leave our Services and to read the privacy policies of other sites that may collect your information.

Public Record Sources. We obtain information about individuals from various public records sources. We are not the custodian of information we receive from public records and have no liability with respect to the accuracy of such information. If you want to correct or remove your original public record or make any information from your original public record unavailable for public access, you will need to contact the custodian of that information.

2. Information Use

In general, we do not and will not share your personal information except as set forth in this Privacy Policy.

We use the personal information we collect from you when you browse and use our Services in the following manner.

Use of Information

To operate and improve the Services and products and content therein.

To understand and analyze information related to the number and type of visitors that browse and use the Services.

To create and maintain an account for you to allow you to purchase and use the services we make available on the Services.

To provide you with information, products, or services that you request from us, or that may be of interest to you.

To respond to your comments, inquiries and questions and provide customer services.

To deliver a more personalized experience based on your preferences.

To improve the design and content of the Services.

To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies. Because this information may be important to your use of the Services, you may not opt-out of receiving these communications.

To allow you to participate in interactive features on our Services.

To link or combine with other personal information we receive from third parties to help understand your needs and provide you with better information on the Services.

To process transactions.

For general or targeted marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, provided that you have not already opted-out of receiving such communications.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

To fulfill any other purpose for which you provide it or for which you have given us consent to use it.

3. Usage of Cookies and Other Network Technologies

3.1 Cookies.

The Services use "cookies" and other web tracking tools to enhance your online experience with us. We may store information about you using the cookies on our website. A cookie (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. We use cookies to improve your site experience, to assess content usage, to distinguish you from other users of our Services, and to support the marketing of our Services.

You can adjust the cookies we collect by visiting the Cookie Notice, available at https://business.infotracer.com/cookieInfo. You are free to decline to accept cookies, but by doing so, you may not be able to take full advantage of our Services and all of our offerings. Certain of the cookies are necessary in order for the Services to function. In certain circumstances, we may link the information we store in cookies to personal information you submit while using the Services.

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.

3.2 GIFs.

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 Services 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.

3.3 Clickstreams.

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 Services, how visitors navigate through the Services, and how we may tailor our web pages to better meet the needs of visitors.

3.4 Advertising.

Note that we may use cookies and other technologies for purposes of online advertising. This means that when you use the Services, we or third-party ad servers, ad network providers or advertisers (collectively "Ad Providers") may use cookies that they collect or that we provide to them. Such Ad Providers may collect information about your use of the Services or your online activities over time and across different websites and devices. Collected information may include the content you viewed, the date and time that you viewed this content, and the website that referred you to the Services. This information may be associated with your unique browser, device identifier or IP address. Ad Providers may provide you with advertisements that you may see on the services or on affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Ad Providers may use cookies, web beacons, clear GIFs, or similar technologies. These practices help tailor advertisements that are relevant and of use to you. You may control or opt-out of such advertising by changing the cookie settings in your browser as described above.

4. Do Not Track Notice

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 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.do not track.us.

5. Information Sharing

We may share your personal information as set forth in this Privacy Policy in the following circumstances:

• With Your Consent. We may share personal information with your consent.
• For Legal and Administrative Reasons. We may disclose your personal information without notice: (i) 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); (ii) 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); (iii) as necessary to comply with applicable law; (iv) to enforce or apply our Terms of Service.
• Third-Party Service Providers. We may share your personal information with persons or organizations with whom we contract to carry out internal and external site operations or as necessary to render the Services. Additionally, we may also exchange personal information with third parties for fraud protection and credit risk reduction.
• Aggregate Sharing. We may share anonymous, deidentified aggregate information with third parties, including affiliated and non-affiliated organizations such as advertisers.
• Business Transfers. Finally, we may transfer your personal information to our successor-in-interest in the event of an acquisition, sale, merger, or bankruptcy. In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, any personal information we have on record will likely be among the assets transferred. The transferred personal information will remain subject to the provisions of this Privacy Policy as it is updated from time to time.
• Information Shared with our Subsidiaries and Affiliates. We may share your personal information with our subsidiaries and affiliates. If you do not want us to share your personal information with our subsidiaries and affiliates, please email us at business.compliance@infotracer.com.

6. Other Ways Personal Information Could Be Shared

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.

7. Access and Control of Your Information

7.1 Accessing, Correcting, and Deleting Your Personal Information.

To the extent state laws provide users with certain data subject rights, we will honor those rights following proper authentication and verification. Please contact us at business.compliance@infotracer.com for more information.

7.2 InfoTracer Data Removal.

Additionally, and as a courtesy, we provide you with a method of removing certain information about you from InfoTracer search results. Please email us at business.compliance@infotracer.com or view our Data Removal Policy for more information.

8. Notification Options

8.1 Notifications and Alerts.

If you choose to make purchases on the Services, you agree that we may contact you by email as set forth herein, including by sending 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.

8.2 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. You may opt-out of receiving these notifications as described below.

8.3 Email Notification Opt-Out.

If you no longer wish to receive marketing 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 Terms or Privacy Policy.

8.4 Browser Push Notification Opt-Out.

By using our Services, you agree that we may provide browser push notifications. We may use a third party to provide these push notifications, which 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.

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:

• Google Chrome/Android Phone users: https://support.google.com/chrome/answer/3220216?co=GENIE.Platform%3DDesktop&hl=en
• Microsoft Edge users: https://www.windowscentral.com/how-manage-web-notifications-edge-windows-10
• Firefox users: https://sendpulse.com/knowledge-base/push-notifications/general/enable-disable-push-notifications-mozilla-firefox
• Opera users: https://davescomputertips.com/how-to-manage-desktop-notifications-in-opera/
• Safari users: https://support.apple.com/guide/safari/manage-website-notifications-sfri40734/mac
• Additional information: https://www.makeuseof.com/tag/disable-notifications-chrome-firefox-safari/

8.5 Opting Out of Direct Marketing.

To exercise choices regarding the marketing information you receive, you may also review the following links:

• You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads .info/appchoices.
• You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
• You can opt-out of having your activity on our Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google .com/dlpage/gaoptout for your web browser.

9. Links To Third-Party Sites

Occasionally, at our discretion, we may link to third-party sites or content on third-party sites not owned or controlled by us, including links to Social Media Platforms such as Facebook, Twitter, and Instagram. We may do this for the convenience of you and other users of the Services, but we do not have control over the operation of these third-party websites. This Privacy Policy applies only to personal information collected by our Services. Third-party sites have their own privacy practices and may or may not publish separate and independent privacy policies. We have no responsibility or liability for the privacy and security practices and activities of these third-party sites, including social media platforms. Links to any of these third-party sites and Social Media Platforms do not constitute or imply an endorsement or recommendation by us of the third-party site, Social Media Platform, and/or content.

If you visit a third-party site that is linked to our Services, you should review the privacy policies posted on these third-party sites before providing any personal information.

10. Information Security and Storage

10.1 Security.

We use commercially reasonable measures to provide the Services. However, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure, and although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we cannot guarantee the security of your personal information transmitted to or from our Services. Any transmission of personal information is at your own risk. We do not guarantee that your personal information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your personal information.

The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

If you believe that your personal information has been accessed or acquired by an unauthorized person, you must promptly Contact Us so that we can quickly take necessary measures.

10.2 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). The length of time for which we retain personal information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

11. Geographic Location of Data Storage and Processing

The Services collect personal information and processes and stores that personal information in databases located in the United States. If you are visiting the Services 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 Services and submitting any personal information you consent to the transfer of such personal information to the United States.

12. Children’s Information

This Services are not intended for use by persons under the age of eighteen (18). We do not knowingly collect any information from anyone under thirteen (13) years old. In the event that we discover that a person under the age of thirteen (13) (or a higher threshold where applicable) has provided information to us, we will take steps to comply with any applicable legal requirement to remove such personal information.

Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of thirteen (13).

13. Contact Us

If you have any questions or concerns about this Privacy Policy or any InfoTracer product or service offered by InfoPay, Inc., please click here to contact us, email us at business.compliance@infotracer.com, call us at (855) 938-2140, or write:

Infotracer.com
227 Lewis Wharf
Boston, MA 02110

Data Use Agreement

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:

1. 1. RESTRICTED USAGE. With successful credentialing and payment of fees for data access, InfoPay, Inc. grants to Customer a restricted license to use the InfoPay, Inc. Data Services and any data contained therein, subject to the restrictions and limitations set forth below:
   1. 1.1. Generally. Customer represents and warrants that all of Customer's use of the InfoPay, Inc. Data Services shall be for only for the business purposes disclosed in the Data Services Application. Customer shall not use the InfoPay, Inc. Data Services for other business purposes, for marketing purposes, or for personal (non-business) purposes. Customer agrees that if InfoPay, Inc. Data determines or reasonably suspects that Customer is engaging in marketing activities or using the InfoPay, Inc. Data Services for personal (non-business) purposes or using the InfoPay, Inc. Data information in any way violating any provision of this Agreement, or any of the laws or regulations, InfoPay, Inc. Data may take immediate action, including, without limitation, terminating the delivery of, and the license to use, the InfoPay, Inc. Data Services. InfoPay, Inc. Data may at any time mask or cease to provide Customer access to any InfoPay, Inc. Data Services or portions thereof which InfoPay, Inc. Data may deem, in InfoPay, Inc. Data's sole discretion, to be sensitive or restricted information. Customer shall not resell, reproduce, retransmit, publish or otherwise transfer for commercial exploitation any information that Customer receives from Services.
   2. 1.2. Unauthorized Data Compilation. Customer acknowledges that it will not use any manual or automated software, devices, or other automated processes to "scrape" or download data from any web pages contained in the Service. Any attempt to scrape or download data is strictly prohibited.
   3. 1.3. GLBA Data. Some of the information contained in the InfoPay, Inc. Data Services is "nonpublic personal information," as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801, et seq.) and related state laws, (collectively, the "GLBA"), and is regulated by the GLBA ("GLBA Data"). Customer shall not obtain and/or use GLBA Data through the InfoPay, Inc. Data Services, in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules. Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requested by InfoPay, Inc. Data.
   4. 1.4. Fair Credit Reporting Act. The InfoPay, Inc. Data Services provided pursuant to this Agreement are not provided by "consumer reporting agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) (the "FCRA"), and do not constitute "consumer reports" as that term is defined in the FCRA. InfoPay, Inc. Data Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment, housing, or another purpose in connection with which a consumer report may be used under the FCRA.
      1. 1.4.1. By way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the InfoPay, Inc. Data Services for the following purposes:
         • To verify or authenticate an individual's identity;
         • To prevent or detect fraud or other unlawful activity;
         • To locate an individual;
         • To review the status of a legal proceeding;
         • To collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; or
         • To determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes;
      2. 1.4.2. If Customer is using the InfoPay, Inc. Data Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third-party, Customer shall not use the InfoPay, Inc. Data Services:
         • To revoke consumer credit;
         • To accelerate, set or change repayment terms; or
         • For the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this section 1.4, use the InfoPay, Inc. Data Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and
         • to take any "adverse action", as that term is defined in the FCRA.
   5. 1.5. Driver's Privacy Protection Act. The InfoPay, Inc. Data Services provided pursuant to this Agreement are provided subject to the Driver's Privacy Protection Act (15 USC § 2721, et. seq.) (the "DPPA"). InfoPay, Inc. Data Services related to a "motor vehicle record", as defined by the DPPA, may only be used in whole or in part for one of the following reasons:
      1. 1.5.1. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
      2. 1.5.2. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
      3. 1.5.3. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only —
         • to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
         • if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
      4. 1.5.4. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court.
      5. 1.5.5. For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
      6. 1.5.6. For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti fraud activities, rating or underwriting.
      7. 1.5.7. For use in providing notice to the owners of towed or impounded vehicles.
      8. 1.5.8. For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
      9. 1.5.9. For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49.
      10. 1.5.10. For use in connection with the operation of private toll transportation facilities.
      11. 1.5.11. For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains.
      12. 1.5.12. For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains.
      13. 1.5.13. For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
      14. 1.5.14. For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.
   6. 1.6. California Consumer Privacy Act of 2018. The InfoPay, Inc. Data Services provided pursuant to this Agreement are provided subject to the California Consumer Privacy Act of 2018 (Cal Civ Code § 1798.105(d)(1)) (the "CCPA"). InfoPay, Inc. Data Services to the extent they are subject to the CCPA must only be used in compliance with the CCPA. The Parties agrees that, in relation to the Personal Information (as defined by the CCPA) processed under this Agreement, each Party shall be each considered a Third-Party. Each Party is individually responsible for its own compliance with the requirements of the CCPA.
   7. 1.7. Social Security, Driver's License Numbers, and Date of Birth. InfoPay, Inc. Data may, in its sole discretion, permit Customer to access Sensitive Personal Data (SPD), which includes full Social Security Numbers, full Date of Birth, and full Driver's License Numbers. InfoPay, Inc. Data may at any time and for any or no reason cease to provide or limit the provision of SPD to Customer.
   8. 1.8. Death Master File. Certain data provided by InfoPay, Inc. Data may include information obtained from the Death Master File (DMF) made available by the US Department of Commerce National Technical Information Services (NTIS) and subject to regulations found at 15 CFR Part 1110. All InfoPay, Inc. Data Subscribers are required to comply with all applicable laws and, if Subscriber is granted access to DMF data, Subscriber further certifies compliance with 15 CFR Part 1110.
   9. 1.9. Retention of Records. Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to data.
   10. 1.10. Consumer Data Requests. Each Party is responsible for complying with any Consumer rights under applicable data protection laws. To the extent required under the law, Customer shall provide reasonable assistance to Accuom in facilitating compliance with Consumer rights requests.
2. 2. SECURITY. Customer acknowledges that the information available through the InfoPay, Inc. Data Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure.
   1. 2.1. Customer Obligations. Customer is required to ensure that the following actions take place:
      1. 2.1.1. Restrict access to InfoPay, Inc. Data Services to those employees who have a need to know as part of their official duties;
      2. 2.1.2. Train new employees prior to allowing access to InfoPay, Inc. Data Services on Customer's obligations under this Agreement;
      3. 2.1.3. Ensure that none of its employees shall obtain and/or use any information from the InfoPay, Inc. Data Services for personal reasons, or transfer any information received through the InfoPay, Inc. Data Services to any party except as permitted hereunder;
      4. 2.1.4. Keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs") confidential and prohibit the sharing of User IDs;
      5. 2.1.5. Immediately deactivate the User ID of any employee who no longer has a need to know, or has been terminated. User ID for terminated employees shall be deactivated or prior to the date of termination;
      6. 2.1.6. In addition to any obligations under Section 1 above, take all commercially reasonable measures to prevent unauthorized access to, or use of, the InfoPay, Inc. Data Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity;
      7. 2.1.7. Maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through InfoPay, Inc. Data Services as it is being disposed;
      8. 2.1.8. Take all steps to protect their networks and computer environments, or those used to access the InfoPay, Inc. Data Services, from compromise.
   2. 2.2. Customer Review. Customer agrees that on at least a quarterly basis it will review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein.
   3. 2.3. Customer Security & Notice. Customer will implement policies and procedures to prevent unauthorized use of User IDs and the InfoPay, Inc. Data Services and will immediately notify InfoPay, Inc. Data, in writing to the InfoPay, Inc. Data, if Customer suspects, has reason to believe or confirms that a User ID or the InfoPay, Inc. Data Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than legitimate business reasons.
   4. 2.4. Security Event. Customer acknowledges that, upon actual or suspected unauthorized acquisition or access of or to any information from InfoPay, Inc. Data Services (a "Security Event"),
      1. 2.4.1. Customer shall inform InfoPay, Inc. of the Security Event in writing no less than twenty-four (24) hours after becoming aware of the Security Event.
      2. 2.4.2. Customer agrees that no notification of the Security Event shall reference InfoPay, Inc. or the product through which the data was provided, nor shall InfoPay, Inc. be otherwise identified or referenced in connection with the Security Event, without InfoPay, Inc.'s express written consent.
      3. 2.4.3. Customer shall be solely responsible for any other legal or regulatory obligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith.
      4. 2.4.4. Customer shall provide samples of all proposed materials to notify consumers and any third parties, including regulatory entities, to InfoPay, Inc. for review and approval prior to distribution.
      5. 2.4.5. In the event of a Security Event, InfoPay, Inc. may, in its sole discretion, take immediate action, including suspension or termination of Customer's account.
3. 3. AUDIT. Customer understands and agrees that, in order to ensure compliance with applicable laws, regulations, or rules, or InfoPay, Inc. 's obligations under its contracts with its data providers, InfoPay, Inc. may conduct periodic reviews of Customer's use of the InfoPay, Inc. Data Services. InfoPay, Inc. may, upon reasonable notice, audit Customer's records, processes and procedures related to Customer's use, storage and disposal of InfoPay, Inc. Data Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by InfoPay, Inc. will be subject to immediate action including, but not limited to, suspension or termination of the license to use the InfoPay, Inc. Data Services. Customer acknowledges that InfoPay, Inc. maintains records of access to the Services in order to comply with applicable laws and with the requirements of third parties, and that in certain limited circumstances InfoPay, Inc. may be required to disclose that Customer accessed certain data in order to meet these requirements.
4. 4. INDEMNIFICATION. Customer agrees to indemnify and hold harmless InfoPay, Inc., its Affiliates, subsidiaries, respective directors, officers, employees, shareholders, representatives and agents and all other of their respective successors and permitted assignees (the "InfoPay, Inc. Indemnified Parties"), from and against any and all suits, claims, actions, causes of actions, liabilities, losses, damage to property, or for injury to or death of any person, regulatory fines, costs and expenses (including, but not limited to, interest, penalties, reasonable attorneys' fees and other expenses of litigation) (individually a " Claim", collectively, "Claims") arising from, or in connection with any actual or alleged: (i) inaccuracy in any representation or warranty made by Customer in this Agreement, including, without limitation,any Application; (ii) any act of Customer that causes a violation of applicable laws, including but not limited to GLBA, FCRA, DPPA, and CCPA; (iii) breach or alleged breach of any covenant or obligation of Customer in this Agreement; and (iv) willful misconduct or negligent act, error or omission of Customer, its agents, servants, employees, subcontractors, consultants or other representatives.
5. 5. CUSTOMER CHANGES. Customer shall notify InfoPay, Inc. immediately of any changes to the information on Customer's Credentialing Application for the InfoPay, Inc. Data Services, including company name, address, contact information, industry, or data purpose. Upon such change, InfoPay, Inc. will re-evaluate eligibility and may terminate this Agreement or restrict access to certain data services.
6. 6. CHANGE IN AGREEMENT. InfoPay, Inc. Data may, at any time, impose restrictions and/or prohibitions on the Customer's use of the InfoPay, Inc. Data Services or certain data elements. Such restrictions are subject to Customer's written consent.
7. 7. PUBLICITY. Customer acknowledges that it will not name InfoPay, Inc. or refer to its use of the InfoPay, Inc. Data Services in any press releases, advertisements, promotional or marketing materials, or make any other third-party disclosures regarding InfoPay, Inc. or Customer's use of the InfoPay, Inc. Data Services without the written permission of InfoPay, Inc. Data.
8. 8. TERMINATION. This Agreement may be terminated by InfoPay, Inc. at anytime, with or without notice or cause.