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InteliGator
Terms of Service Agreement
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.
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