|
InteliGator
Website Terms of Use
Effective:
January 1, 2008
PLEASE
READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE
RESOLUTION CLAUSE.
Agreement
to Terms
By
using this Website, you agree to the Agreement and the InteliGator
Privacy
Policy,
which is incorporated into this Agreement by reference. Each
time you use this Website, you reaffirm your acceptance of the
current Terms of Use. If you do not wish to be bound by this
Agreement, you may discontinue using the Website. You cannot
purchase any services on this Website until you have accepted the
terms of this Agreement.
InteliGator
may change the terms of this Agreement at any time, in its sole
discretion, and without notice to you. The modified Terms of
Use will be effective immediately upon posting; you agree to the new
posted Terms of Use by continuing your use of the Website. You
are responsible for staying informed of any changes, if you do not
agree to the modified Terms of Use; your only remedy is to
discontinue using this Website.
Terms of Purchase
After you complete your purchase on this Website, you will gain access to our Member’s Area. Your membership fee will grant you unlimited access to our member’s area. Inteligator.com offers two different memberships, Inteligator Basic and Inteligator Advanced.
Inteligator Basic:
The Inteligator Basic (“Basic” means that you do not receive full access to search results and reports for certain searches) membership is a one year non-recurring subscription (you pay only once) to the following searches: Basic Arrest/Warrant Search, Basic Background Check, Preliminary State Criminal Records Search, Basic Sex Offender Search, People Search by Name, People Search by Address, Reverse Landline Phone search, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, Business Name Search. Please note that the above mentioned searches may change without notice.
Inteligator Advanced:
The Inteligator Advanced membership is a recurring subscription which gives you access to our “Advanced” member’s area. The Inteligator Advanced membership will give you unlimited and full access to search results and reports for all searches available in the Inteligator Advanced member’s area. These searches may include: Arrest/Warrant Search, Background Check, State Criminal Records Search, National Criminal Records Search, Sex Offender Search, Inmate Search, People Search by Name, People Search by Address, People Search by Phone, Reverse Phone Search, Business Search, Relative Search, Neighborhood Check, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Deep Web Search and Reverse IP search. Please note that the above mentioned searches may change without notice.
If you purchased our 3, 4 or 14 day trial membership you will gain unlimited access to Inteligator.com’s member’s area. If you decide to cancel within the 3, 4 or 14 day trial period you will only be charged the initial subscription fee. Please note that the $4.95 trial fee is deducted when you sign up for our service and it is used to facilitate the initial transaction and may not be refunded if you decide to cancel your trial subscription. If you wish to cancel your trial please make sure you send us an email (cancellations@inteligator.com) at least 24 hours before the last trial day. Otherwise you will be charged a fixed monthly fee ($29.95 or $19.95 depending for which membership type you signed up for) until you cancel. You will be charged every month for your Inteligator.com membership. This is regardless of whether or not you access the service and regardless of the content and accuracy of the reports (including empty reports, often referred to as “No Hit” results). You may choose to cancel your Inteligator.com membership at any time after which your membership will become inactive and you will not be allowed to login to the member’s area.
Data
on the Websites
This
Website allows you to conduct searches of various public records, as
described above. Any data presented as a result of these
searches (the "Data") is derived from records that are not
in the control of InteliGator and may not always be accurate or
complete. Please see the Warranties section below for more
information. If you have questions about any Data, or wish to
dispute the accuracy of any Data, you should contact the official
record keeper.
Your
Account
Only
individuals who are United States residents who are eighteen (18)
years of age or older may create an account and conduct searches on
this Website. Accounts are for individual use and you are
strictly prohibited from allowing third parties to use your account.
You are entirely responsible for maintaining the confidentiality of
your account and you agree to indemnify and hold harmless InteliGator
for losses incurred by InteliGator or another party due to any use of
your account by a third party. You agree to notify InteliGator
immediately if you become aware or suspect that any third party is
using your account.
Use
of Data
By
conducting any searches on this Website, you represent and warrant
that you will only use the Website and Data for a lawful purpose.
Examples of lawful purposes include, but are not limited to: (a)
fraud prevention; (b) asset verification; (c) location of criminals,
witnesses, beneficiaries, or heirs; (d) research for debt collection
activities; (e) child support enforcement; and (f) compliance with
federal, state, or local laws or regulations. You may not use the
Websites or Data for any unlawful purpose. Examples of unlawful
purposes include, but are not limited to: (a) stalking or harassing
any individual; (b) requesting information under false pretenses; and
(c) using Data for any other purpose prohibited by law ("Unlawful
Purposes"). Furthermore, you agree not to access, reproduce,
duplicate, sell, resell, transfer, or exploit the Data for any
commercial purposes. NOTE: InteliGator is not a consumer reporting
agency as defined under the Fair Credit Reporting Act ("FCRA"),
and the information in our databases has not been collected in whole
or in part for the purpose of furnishing consumer reports, as defined
in the FCRA. You may not use the Websites or Data to: (a) establish
an individual's eligibility for personal credit or insurance; (b)
assess risks associated with existing consumer credit obligations; or
(c) evaluate an individual for employment, promotion, reassignment or
retention (including employment of household workers such a nannies,
housekeepers, or contractors) or in conjunction with assessing the
merits of entering into any other personal business transaction with
another individual ("Unauthorized Purposes").
Copyrights
and Trademarks
This
Website, and any information and materials contained therein,
including but not limited to graphics and editorial content
("InteliGator Content"), are owned by InteliGator and/or
its licensors, and are protected by copyright, trademark, patent,
trade secret, and/or other laws. InteliGator and/or its licensors own
and retain all rights, including the Nationwide copyright, in the
InteliGator Content solely and exclusively, for the duration of the
rights in each country, in all languages, and throughout the
universe. You agree that you shall not use the InteliGator Content in
any way whatsoever except as in compliance with the terms of this
Agreement. You agree not to modify, rent, lease, loan, sell,
distribute, redistribute, or create derivatives works based on the
InteliGator Content, and you shall not exploit the InteliGator
Content in any unauthorized way whatsoever, including but not limited
to by trespass or burdening network capacity. You agree not to alter
or delete any proprietary notices from InteliGator Content downloaded
or printed from the Website.
All
brand and product names are trademarks or registered trademarks of
their respective companies. You are prohibited from using any
of the marks or logos appearing throughout the InteliGator Content
without express permission from the trademark owner, except as
permitted by applicable law.
Warranties
InteliGator
provides access to Data compiled and maintained by third parties.
InteliGator does not create, verify, or guarantee the accuracy
of such Data. InteliGator is not necessarily affiliated with,
endorsed by, or compensated by these third parties.
THE
DATA AND THE WEBSITE ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, InteliGator DISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS.
InteliGator DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF, OR OTHERWISE RESPECTING, THE DATA OR THE WEBSITES. YOUR
USE OF THE WEBSITES AND DATA IS SOLELY AT YOUR OWN RISK.
Limitation
of Liability
InteliGator's
entire liability and your exclusive remedy with respect to any
dispute with InteliGator is to discontinue your use of the Websites.
InteliGator and its vendors shall not be liable for any indirect,
special, incidental, consequential, or exemplary damage arising from
your use of the Websites or for any other claim related in any way to
your use of the Websites. These exclusions for indirect,
special, incidental, consequential, or exemplary damages include,
without limitation, damages for lost profits, lost data, loss of
goodwill, work stoppage, computer failure or malfunction, or any
other commercial damages or losses, even if InteliGator had been
advised of the possibility thereof and regardless of the legal or
equitable theory upon which the claim is based. Because some
states or jurisdictions do not allow the exclusion or the limitation
of liability for consequential or incidental damages, in such states
or jurisdictions, InteliGator's and its vendors' liability shall be
limited to the extent permitted by law.
Indemnification
By
using this Website, you agree to indemnify and hold InteliGator, its
directors, officers, employees, affiliates, agents, contractors,
licensors, and subsidiaries harmless from any loss, liability, claim,
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of (i) your use of the Websites or Data
in violation of this Agreement, (ii) your use of this Website or Data
for Unlawful or Unauthorized Purposes, and/or (iii) your breach of
this Agreement or your violation of any law or the rights of a third
party.
Termination
InteliGator
has the right to terminate or restrict your account and/or access to
the Websites for any reason, or no reason whatsoever, including,
without limitation, if InteliGator, in its sole discretion, considers
your use to be unacceptable, or in the event of any breach by you of
the Terms of Use. InteliGator may, but shall be under no obligation
to, provide you a warning prior to termination or restriction of your
use of this Website. InteliGator will not be liable to you or
any third party for its termination or restriction of your account
and/or access. InteliGator also reserves the right to terminate
any Website or any part of any Website at any time, without notice or
liability to you.
Hyperlinks
This
Website may contain hyperlinks to third-party websites as a
convenience to you. InteliGator does not control or endorse
these third-party sites or any goods or services sold on those
sites. Some of these sites may contain materials that are
objectionable, unlawful, or inaccurate. You acknowledge and
agree that InteliGator is not responsible or liable for any content
or other materials on these third party sites.
Use
of Ideas Submitted
You
hereby acknowledge and agree that InteliGator is free to use any
comments, suggestions, information, concepts, reviews, techniques, or
other information contained in any communication you may send to
InteliGator or may have with a InteliGator representative (the
"Ideas"), and that InteliGator shall have no obligation to
compensate you in any way for the Ideas, even if the Ideas are used
by InteliGator for commercial purposes, including, but not limited
to, use by InteliGator for improving the Website or for developing
and marketing any products or services.
Electronic
Notices
By
using this Website, you agree to receive electronic communications
from InteliGator. You agree that any notice or other
communication that we send you electronically will satisfy any legal
communication requirements, including that such communications be in
writing.
Arbitration
Any dispute concerning
the Data, this Website, or this Agreement shall be settled by binding
arbitration in Boston, Massachusetts, in accordance with the
Commercial Arbitration Rules of the American Arbitration Association.
Judgment upon the award made by the Arbitrator(s) may be entered in
any court having jurisdiction thereof. You acknowledge that agreeing
to such binding arbitration constitutes a waiver of your right to a
jury trial and that this agreement to arbitrate is voluntary and not
legally required. If any arbitration or legal action or similar
proceeding is instituted by either party concerning the payment of
our fees or costs advanced hereunder, the prevailing party shall be
entitled to collect its reasonable attorneys' fees in addition to any
other relief the party may obtain.
If
any provision of this Agreement is found to be invalid by any court
having any competent authority, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No
waiver of any provision in this Agreement shall be deemed a further
or continuing waiver of such provision or any other provision.
General
Data,
materials, features, products and services may be added to or
withdrawn from the Websites or otherwise changed without notice.
This
Website is not affiliated with the United States Government or any
Federal or State government agency.
Opt
Out Policy
An
individual may request opt-out if one of these conditions exists: You
are a state, local or federal law enforcement officer or public
official and your position exposes you to a threat of death or
serious bodily harm; or you are a victim of identity theft; or you
are at risk of physical harm; or you have evidence the record is
incorrect or expunged.
To opt-out, submit the following
information:
1) A written explanation for the opt out request
2) Copy of your current driver’s license or state identification (this information is necessary in order for us to authenticate that the request is being made by the individual to whom the information belongs to)
All requests must include:
- Full name and date of birth
- Aliases, if any
- Current address
- Previous addresses
- Phone
- Email address
3) Specific details of the records you are requesting to be removed
4) Include a print out of the records you wish to have suppressed.
5) Copies of any applicable court orders, if any.
You may request to opt-out by submitting your information to the following fax number:
Opt
Out Compliance Department. Fax: 1-888-446-1229
>>>
This Fax Number is to be used for data removal requests ONLY. Please do not send any customer support related matters to our Opt Out Compliance Department.
Or
mail them to:
Out Compliance Department
P.O.
Box 1452
Boston,
MA 02117
IMPORTANT
NOTE:
Unsigned or incomplete requests will not be processed. For faster
service please fax your request.
Please
click HERE
to submit a customer service request for any other issues.
Note
& Disclaimer:
We will use good faith efforts to help prevent your non-public record
information from being distributed. We cannot provide any assurance
that information that is otherwise public record information, such as
court records, will be withheld. Although most information is usually
removed or blocked permanently, we do not guarantee the information
will not be available again in the future from other sources or our
site.
Please Note: The Opt-out Compliance Department does not manage any customer related issues, please contact our customer support for all customer related matters.
|