PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Terms of Service agreement (“Agreement”) is legally binding between you and Infopay (“we”, “our”), and governs your use of the CriminalPages.com website (the “Website”):
By using the Website, you agree to this Agreement and the Infopay Privacy Policy, which is incorporated into this Agreement by reference. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by this Agreement, you may discontinue using the Website. You cannot purchase any services on the Website until you have accepted the terms of this Agreement.
We may change the terms of this Agreement at any time, in our sole discretion, with or without directly informing you of such changes. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Website. Please review the Terms of Service from time to time, as you are responsible for staying informed of any changes. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Website.
The Website allows you to conduct searches of various public records. We do not create or have control over the quality of or accuracy of data presented as a result of these searches (the “Data”). Data 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.
By conducting any searches on the 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 represent and warrant that you shall not use the Website 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”). You further agree that you shall not access, reproduce, duplicate, sell, resell, transfer, or exploit the Data for any commercial purposes.
NOTE: Infopay 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 Website or Data to: (a) establish an individual's legibility 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”).
The Website, and any information and materials contained therein, including but not limited to graphics and editorial content, are owned by Infopay and/or its licensors, and are protected by copyright, trademark, patent, trade secret, and/or other laws. Infopay and/or its licensors own and retain all rights, including the worldwide copyright, in the Infopay 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 Infopay 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 Infopay Content, and you shall not exploit the Infopay 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 Infopay Content downloaded or printed from the Website.
All brand and product names are trademarks or registered trademarks of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the Infopay Content without express permission from the trademark owner, except as permitted by applicable law.
We provide access to Data compiled and maintained by third parties. We do not create, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of such Data. Infopay 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, Infopay 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. Infopay 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 WEBSITE. YOUR USE OF THE WEBSITE AND DATA IS SOLELY AT YOUR OWN RISK.
Our entire liability and your exclusive remedy with respect to any dispute with Infopay is to discontinue your use of the Website. We and our vendors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from your use of the Website or for any other claim related in any way to your use of the Website. 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 we 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, our and our vendors’ liability shall be limited to the extent permitted by law.
You agree to indemnify, defend, and hold Infopay, 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 Website or Data in violation of this Agreement, (ii) your use of the 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.
We reserve the right to terminate or restrict your account and/or access to the Website for any reason, or 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 the Terms of Service. We may, but shall be under no obligation to, provide you a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for its termination or restriction of your account and/or access. We also reserve the right to terminate any Website or any part of any Website at any time, without notice or liability to you.
The Website may contain hyperlinks to third-party Website as a convenience to you. We 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 we are not responsible or liable for any content or other materials on these third party sites.
You hereby acknowledge and agree that we are free to use any comments, suggestions, information, concepts, reviews, techniques, or other information contained in any communication you may send to us or may have with a Infopay representative (the “Ideas”), and that we shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by us for commercial purposes, including, but not limited to, use by us for improving the Website or for developing and marketing any products or services.
By using the Website, you agree to receive electronic communications from us pursuant to the terms of our Privacy Policy. 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.
Any dispute concerning the Data, the 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.
Data, materials, features, products and services may be added to or withdrawn from the Website or otherwise changed without notice.
Neither we nor the Website is affiliated with the United States Government or any Federal or State government agency.
Under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681 et seq., as amended, an individual may opt-out of having certain of their information included in Data if one of these conditions exists: (1) 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 (2) you are a victim of identity theft; or (3) you are at risk of physical harm; or (4) 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. Identify the specific location of Your Data on our Website, and where your personal Data is publicly available, identify one of the four conditions You enabling you to opt-out of having your personal Data removed, and describe why such personal Data that is publicly available is inaccurate and harmful.
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 complete 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:
InfoPages
Opt Out Compliance Department Fax: 1-617-507-0410
IMPORTANT NOTE: Unsigned or incomplete requests will not be processed.
>>> This Fax Number is for opt-out requests ONLY. Please click HERE to submit a customer service request for any other issues.
Or mail them to:
Opt Out Compliance Department
InfoPay
P.O. Box 990043
Boston, MA 02199
Please Note: The Opt-out Compliance Department does not manage any customer related issues, please contact our customer support for all customer related matters.
