PLEASE READ
THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS.
Welcome to InteliGator,
a leading providing of public records search services. By using InteliGator,
you acknowledge that you have read and accepted the following terms of service agreement
(“Agreement”), and you agree to be bound by and comply with its terms. Accordingly,
you should review this Agreement thoroughly. If you do not agree to comply with
the terms of this Agreement, you should not use InteliGator.
We may
revise and update this Agreement from time to time. If you are a registered
user, we may attempt to inform you of any material changes by notification to
the email address you have provided as part of your registration information.
Otherwise, you may view the most recent Agreement on this website.
Use of Services
and Data
Conditioned on your compliance with this Agreement and fulfillment
of any applicable payment obligations, we grant to you a personal, limited,
nonexclusive, nontransferable license to use InteliGator. We reserve all rights
of ownership in InteliGator not expressly granted to you. We or our licensors
own all right, title and interest in and to InteliGator and its content,
including all copyrights, trademarks, and other intellectual property rights (“InteliGator
Content”).
You agree that you shall not use InteliGator in
any manner that violates any applicable law, regulation, or term of this
Agreement. Specifically, you agree that you will not (i) access or attempt to
access any account that you are not authorized to access, (ii) modify or
attempt to modify InteliGator in any manner or form, (iii) copy,
distribute, or create derivative works based on the InteliGator Content, (iv) exploit
the InteliGator 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 InteliGator or any elements thereof.
You agree
that you shall not use InteliGator, or any information or data you may receive
through use of InteliGator (“Data”), for any unlawful purpose. Examples of
unlawful purposes include, but are not limited to: stalking or harassing any
individual; requesting information under false pretenses; determining the
credit worthiness or eligibility of any individual; employment screening;
licensing eligibility and any other purpose covered by the Fair Credit
Reporting Act, 15 U.S.C. sec. 1681 et seq., (“FCRA”).
Your violation of any terms of this Agreement
may result in automatic termination of the licenses granted hereunder and your
right to use InteliGator. We reserve the right at any time to modify or discontinue,
temporarily or permanently, InteliGator (or any part thereof) with or without notice. We will not be liable to you or to any
third party for such termination or modification.
Data
provided through InteliGator is intended for personal use only, and is not to
be used for commercial or business purposes. You further agree that you
shall not access, reproduce, duplicate, sell, resell, transfer, or exploit any
Data for any commercial purposes.
NOTE: inteliGator is
not a “consumer reporting agency” as defined under the Fair Credit Reporting Act
(“FCRA”), 15 U.S.C. § 1681 et seq., as amended,
and the Data or
other information in our databases has not been collected in whole or in part
for the purpose of furnishing “consumer reports,” as defined by the FCRA.
Rather, the Data or other information has been obtained by us as a result of
being publicly available to us for our possession, use and dissemination, and
the Services and Data are not intended or expected to be used to (a) establish
a consumer'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. You agree and understand that you
may not and will not use the Services or Data for any of the aforementioned
purposes.
Registration
You must be
18 years of age or older to purchase and use InteliGator. Any offers of sale
presented on any Websites are only intended for individuals who are 18 years of
age or older. By purchasing or using InteliGator, 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”). You are solely responsible for maintaining the
security of your Registration Information, and for any and all use of your account.
You
agree to indemnify, defend, and hold harmless InteliGator for losses incurred
by you or another party due to any use of your account by a third party,
whether authorized or unauthorized. You agree to notify us in writing immediately if
you suspect any unauthorized use of or access to your account.
Terms of Purchase
Payment of
fees for purchases of InteliGator services must be made with either a valid
credit or debit card (“Payment Information”). If your Payment Information is insufficient,
or not accurate, current, and complete, and you do not notify us promptly when
such information changes, we may suspend or terminate your account and refuse
any use of InteliGator.
You may
choose to purchase a 3, 4, 7 or 14 day trial to InteliGator’s Basic or Advanced
membership. If you decide to cancel within the trial period, you will only be
charged the trial period fee. To cancel during the trial period, contact
InteliGator within the trial period by sending in your cancelation request to
cancellations@inteligator.com. Please note that trial period fees are billed in
advance; we will not refund the unused portion of your trial period.
Following the trial
period, your membership fees (“Fees”) will be billed to the credit or debit card provided as part
of your Payment Information on a one-time yearly or monthly recurring basis,
depending upon your chosen membership level.
InteliGator Advanced
As an
InteliGator Advanced subscriber, you will receive a monthly recurring subscription (in other words, you
are automatically billed monthly) which gives 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, Sex Offender Search, People
Search by Name, People Search by Address, People Search by Phone, Reverse Phone
Search, Reverse IP Search, Business Search, Relative Search, Neighborhood
Check, Marriage/Divorce Records Search, Death Records Search, Inmate Search,
and Deep Web Search. Please note that the above mentioned searches may change
without notice.
You agree and understand
that except as otherwise indicated, you will be
charged Fees regardless
of whether your searches yield any results, and regardless of whether such searches
or records returned contain incorrect information or no information at all.
You may
cancel your InteliGator services at any time. To do so, click here. Please note
that Fees are billed in advance; the unused portion of your membership will not
be refunded.
Copyrights
and Trademarks
The InteliGator Content is owned by InteliGator and/or its
licensors, and may be protected by copyright, trademark, patent, trade secret,
and/or other laws. InteliGator and/or its licensors own and retain all rights,
including the worldwide 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 will 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 downloaded or printed InteliGator
Content.
All brand
and product names are trademarks or registered trademarks of InteliGator or their
respective owners. You agree that you shall not use any of such without express
permission from the trademark owner, except as permitted by applicable law.
Representations And Warranties
You
represent and warrant that (i) all Registration Information provided by you is
correct and current, and (ii) your use of InteliGator will comply with all applicable laws, and does
not violate the rights, including intellectual property rights, of any third
party.
Disclaimers
We provide
access to Data compiled and maintained by third parties. We do not create,
review, verify, or guarantee the accuracy, completeness, appropriateness, or
sufficiency of such Data. InteliGator is not necessarily affiliated with,
endorsed by, or compensated by these third parties.
INTELIGATOR AND
DATA ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. INTELIGATOR MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, 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 VIOLATIONS 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, INTELIGATOR OR DATA. YOUR USE OF INTELIGATOR AND DATA IS SOLELY AT
YOUR OWN RISK.
InteliGator
is not affiliated with the United States Government or any Federal or State
government agency.
Limitation
of Liability
INTELIGATOR 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 INTELIGATOR, OR COMBINATION THEREOF,
INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON
OR THROUGH WHICH INTELIGATOR
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 INTELIGATOR OR DATA, OR FROM THE CONDUCT OF
ANY USERS OF INTELIGATOR
OR DATA,
WHETHER ONLINE OR OFFLINE.
INTELIGATOR, ITS
VENDORS, officers, DIRECTORS, managers, SHAREHOLDERS, employees, affiliates,
agents, contractors, OR licensors, SHALL NOT 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 DATA OR OTHER INFORMATION MADE AVAILABLE VIA INTELIGATOR. THESE
LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY even if WE HAVE BEEN
advised of OR SHOULD HAVE BEEN AWARE OF their possibility.
INTELIGATOR’S AGGREGATE LIABILITY ARISING UNDER
OR WITH RESPECT TO YOUR USE OF INTELIGATOR WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.
Indemnification
You agree
to indemnify, defend, and hold harmless InteliGator and its officers, directors, agents, employees,
partners, affiliates, and licensors from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of your
use of InteliGator or Data, your violation
of this Agreement, or your violation of any rights of another.
Termination
We reserve
the right to terminate or restrict your account and/or access to InteliGator
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 breach by you of this Agreement. We may, but shall be under no
obligation to, provide you with a warning prior to termination or restriction
of your use of InteliGator. We will not be liable to you or any third party for
such termination, or restriction of your account and/or access.
Arbitration
Any dispute
concerning InteliGator, Data, or this Agreement will 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 will be entitled to
collect its reasonable attorneys’ fees, in addition to any other relief the
party may obtain.
General Conditions
The
failure of InteliGator to exercise or enforce any right or provision of this
Agreement will not constitute a waiver of such right or provision. This
Agreement constitutes the entire agreement between you and InteliGator, and
governs your use of InteliGator, superseding any prior
agreements between you and InteliGator (including, but not limited to, any
prior versions of this Agreement).
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this agreement.
If any part of this Agreement 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 this Agreement will not
constitute a waiver of that provision or any other provision of this Agreement.
Contact Us
If you
have any questions or concerns about this Agreement or any InteliGator product
or service, please click
here to contact us.