Welcome to Information.com! These Terms of Service are a written contract (the "Terms" or "Agreement") between you and/or your company (collectively, "you") and Information.com ("Company," "we" or "us") and apply to your use of our websites and mobile apps. In these Terms, we refer to all our websites and apps as the "Website," unless we're only talking about our apps, in which case we refer to them as "Apps." These Terms also apply to your purchase and use of any services ("Services") through the Website.
If you don't agree to these Terms, then you must stop using the Website.
By accessing the Website and/or using the Services, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Services on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
This is important, so we are mentioning it here at the top of the Terms:
These Terms contain an "Arbitration Agreement" where you waive your right to a jury trial and to bring a class action.
What is arbitration?
Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who "wins" the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.
What is our Arbitration Agreement?
How will the arbitration work?
The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS' Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator's award will consist of a written statement explaining the arbitrator's decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
What law will the arbitrator follow?
The laws of Florida govern these Terms. The arbitrator will apply Florida law to the claims in the arbitration.
Who pays for the arbitration?
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.
The JAMS fees do not include attorneys' fees. Regardless of who wins the claim, you will be responsible for paying your attorneys' fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys' fees. If this applies, the arbitrator may award attorneys' fees as they see fit under such law.
Are there any instances where a court will get involved?
Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something---this is known as "equitable relief." Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief---or file any legal proceeding outside of arbitration---are the state and federal courts in Orlando, Florida. This exception for equitable relief does not waive our Arbitration Agreement.
Can I file a class action?
No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
PROHIBITED USES OF THE WEBSITE AND SERVICES; FCRA Compliance
We are required to obtain your agreement to each of the following provisions in order to provide our Website and Services in a legally compliant manner and to comply with requirements of our third-party information providers. In the event of any conflict between the following provisions and the remainder of the Agreement, the provisions in this Section will govern.
You understand that content and data provided on or through Company's Website is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that Company's products and Services should not be relied upon as accurate, timely or complete.
You understand that Company's products and Services contain sensitive information that are governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information. You further agree that you are solely responsible for complying with all applicable laws.
By submitting and "signing" (including an electronic or digital signature, such as clicking an "I accept" button, in a manner that complies with applicable law) which may include electronic signature or click-through accept) this Agreement, you agree that you have: (a) fully read this Agreement in its entirety; (b) understood all of the terms and conditions of this Agreement; (c) honestly and fully answered all questions asked of Company; and (d) agreed to be fully bound by this Agreement.
Any unauthorized use of Company's Website or Services is expressly prohibited.
The content provided on this Website is for your personal use only and not for commercial exploitation.
You understand that Company is not a consumer reporting agency, and Company's products and Services do not constitute a "consumer report," as defined by FCRA. Company's products and Services may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following:
- Credit and/or loans
- Education, scholarships or fellowships
- Tenant, housing or other accommodations
- Benefits, privileges or services provided by any business establishment
- To spy on or stalk people
- To commit identity fraud or theft
For all other uses, bear in mind that a background report is no substitute for due diligence and common sense, particularly when it comes to communicating with or meeting third parties in person. For additional information and common examples of prohibited and allowable uses of the Services, see our Do's and Don'ts page, which is incorporated herein by reference.
Additionally, Company's products and Services may not be used for any of the following purposes:
- To physically or emotionally injure or harm any person or entity (e.g., stalking, harassment, defaming, libeling, threatening, providing obscene or indecent materials, fraud, identity theft, violation of privacy rights, and criminal activity).
- To promote or provide instructional information about illegal activities or advance physical harm or injury against any group or individual.
- To use Company's products and Services or information derived from Company's products and Services in combination with any purpose or personal information covered under such federal statutes as the FCRA, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Driver's Privacy Protection Act, the Children's Online Privacy Protection Act (COPPA), and/or all similar laws on the state level.
- To seek information about, locate, or harm individuals under the age of 18 years.
- To obtain personal information pertaining to famous people, government officials, or election candidates.
- In connection with credit repair or credit counseling services.
- For marketing purposes or for commercial credit origination.
- To use or otherwise export or re-export content in violation of the export control laws and regulations of the United States of America.
Neither this Agreement nor the license granted to you may be assigned, transferred, or sublicensed by you, in whole or in part.
Company's products and Services may only be accessed from within the United States.
You must not share your username and/or password. Company's products and Services are intended for use by you only and may not be delivered to, or filed with, third parties.
You will not access, retrieve any data from, or otherwise perform any other activities on or through Company's Website using any type of software or other automated process (e.g., scripts, robots, scrapers, crawlers, or spiders).
Company and its third-party information providers do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of Company's products and Services. Company and its third-party information providers shall not be liable for, and you agree not to sue for, any claim relating to Company 's procuring, compiling, collecting, interpreting, reporting, communicating, or delivering Company's products and Services.
Company may audit your use of Company's products and Services. You agree to cooperate and to provide Company all documentation reasonably requested relating to your account.
Company's and its third-party information providers' entire liability to you is limited to direct damages not exceeding the fee paid by you for the Company products and Services obtained or the cap on damages provided in this Agreement, whichever is lower. Company and its third-party information providers shall not be liable for any other damages, costs, or expenses whatsoever.
Third party information providers shall have the same rights to indemnification that Company does, which shall be no less than the following standard: You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors, suppliers and any of Company's third party information providers ("Indemnified Parties") harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or arising from or related to any postings uploaded or submitted by you.
The provisions of this Agreement relating to disclaimer of quality of content, limitations on liability, and indemnification are for the benefit of Company and the Indemnified Parties. Each of Company and the Indemnified Parties shall have the right to assert and enforce those provisions directly against you on their or its own respective behalf.
The terms in this Agreement relating to disclaimer of warranties, access, and use of Company's products and Services, audit, limitation of liability, indemnification, release of claims, and payment for Company's products and Services shall survive any termination of this Agreement.
You agree that any breach by you of your agreements with Company would cause Company and the Indemnified Parties irreparable harm and that, in addition to money damages, Company and the Indemnified Parties shall be entitled to injunctive relief, without having to post a bond.
You will not use Company's products and Services for the purposes prohibited in this Agreement. Any misuse of Company's products and Services will be the basis for immediate suspension of services, termination of your account or membership, and/or legal action.
You must accept this Agreement and agree to amend or resubmit this Agreement if information supplied by you changes.
OUR SERVICES (HOW THE WEBSITE WORKS)
What We Do
We provide an online search tool that allows users to run public record searches.
What We Don't Do
We are not a consumer reporting agency and our products, Services, and Website do not constitute a "consumer report," as defined by FCRA. Company's products, Services, and Website may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA.
What are third parties?
Third parties are any person or business other than you or us---in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:
Other users of the Website. While other users may have agreed to the terms of the Website, they are not a party to the Agreement between you and us. Accordingly, when other users post content to the Website, it is third-party content---meaning neither you nor we are responsible for it.
Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.
Third-party content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own content. We do not review all third-party content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party content.
The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we've expressly indicated an affiliate relationship or other endorsement, we don't represent or endorse third-party websites, apps, information, goods, or services.
You agree to pay Company all fees associated with any purchases made by you through the Website.
Due to increased instances of fraud, Company may run a pre-authorization of your card where a temporary charge is placed on the card and subsequently removed. If you check your account balance within the authorization window, you may see the temporary charge. THE PREAUTHORIZATION IS NOT A CHARGE TO YOUR CREDIT CARD; HOWEVER, THE CHARGE MAY BE RESERVED AGAINST YOUR AVAILABLE CREDIT LIMIT OR AVAILABLE FUNDS. FOR FURTHER INFORMATION CONTACT YOUR CREDIT CARD ISSUER OR BANK FOR DETAILS.
Some Services may be offered on a subscription basis. The details of your "Subscription Plan," such as timing and amount of each payment, will be conveyed to you when you first enroll. By purchasing a Subscription Plan, you understand and agree that your credit or debit card on file will continue to be charged for additional subscription periods until you change or cancel your subscription. For example, if your Subscription Plan is for $10 per month, we will automatically charge your payment card $10 every month until you cancel.
To change or cancel your Subscription Plan, you may either log into your Account and go to https://information.com/login/ or email Company at email@example.com. If you choose to change or cancel your Subscription by email, you must provide Company sufficient information to identify your account, such as your username, real name, billing address, and the email address associated with your Account. To take effect before your next payment, you must change or cancel your Subscription Plan at least three (3) business days in advance of such payment. If you cancel your Subscription Plan in the middle of a payment period, you will not receive a prorated refund; instead, you will continue to have access to the benefits of your Subscription Plan until the end of such payment period.
Company may find it necessary to change the fees for your Subscription Plan and reserve the right to do so. We may lower your Subscription Plan fees so long as your Subscription Plan maintains the same features and access level. We will not increase rates for your Subscription Plan without giving you advanced notice and an opportunity to cancel your Subscription Plan before incurring the increased fees. If you fail to cancel your Subscription Plan during this notice window, you will be charged the increased fees.
Due to the nature of the Service, refunds are only issued on a case-by-case basis. If you are ever unsatisfied, please Contact Us here or email us at firstname.lastname@example.org and we will work with you to resolve your concerns.
If you are issued a refund, it will be posted to your original payment account within 10 business days.
YOUR USER ACCOUNT AND CONTENT
We may ask you to create a user account (your "Account") to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your content.
It is up to you to ensure your email and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.
Removing Your Information
If you would like to remove your information from our Website, please submit your request to our Do Not Sell or Share my Personal Information page.
MOBILE APPS AND COMMUNICATIONS
When you access the Website or Services through a mobile network, your mobile provider's rates and fees regarding data usage, minutes, and messaging may apply. Your network or device may have limitations that prevent all Apps or Services from working.
Apps and Software
When you use an App or other software product, you may be given the opportunity to turn on or off certain permissions for us to access your device or third-party accounts. For example, we may ask for permission to track your activity across third-party apps. For Apps, your ability to give or revoke such permissions is located within the general platform settings for your device and is not controlled by us.
By downloading and/or installing any App or other software product, you consent to receive automatic software updates, where available.
Consent to Receive Electronic Messages
You consent to receive electronic communications from us, such as text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:
For email, click on the "unsubscribe" link in the email and follow any subsequent directions.
For text messages, respond STOP.
For mobile push notifications, change your App permissions in the general settings for your mobile device.
For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.
Your License to Use the Website
So long as you comply with the terms of this Agreement (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website---including the content of other users---unless you first obtain our written permission. We reserve all rights not expressly granted in this Agreement. If you breach any provision of this Agreement, your license will automatically terminate.
Company's License to Your Content
You are always the owner of your content; however, we require a license from you to legally display your content on the Website. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your content throughout the world in any media now existing or in the future created.
Use of Your Content to Promote the Website
We may use your reviews and comments to promote the Website and our Services. Aside from these reviews and comments, we will not use your content in advertising without first obtaining your permission.
Our Intellectual Property
Our name, logo, product and Service names, the Website domain, and all content and other materials available through the Website other than your content (collectively, the "Company IP") are trademarks, copyrights, and intellectual property that are owned by Company and our third party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company's right, title, or interest in, or the validity of, the Company IP.
Copyright Infringement and Our DMCA Policy
Just as we ask you and other users to respect our intellectual property rights, we respect that of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act ("DMCA").
If you believe content on the Website violates your copyright, please immediately notify Company by emailing a DMCA takedown notice ("Infringement Notice") to us. Your Infringement Notice should include all the information described below:
Identification of your copyrighted work.
A description of the Content you believe infringes your copyright (the "Infringing Content"). Your description should include enough information about the nature and location of the Infringing Content to allow us to locate it on the Website.
Your name, address, telephone number, and email address.
The name, address, telephone number, email address, or other information (for example, username) of the user who posted the Infringing Content.
A written statement by you that:
you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by the copyright owner or by law; and
you declare, under penalty of perjury, that all the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Your signature, whether electronic or physical, as the copyright owner or a person authorized to act on behalf of the copyright owner
You should send your Infringement Notice to email@example.com with the subject line "DMCA Infringement Notice: [INSERT YOUR NAME]". We will respond to all compliant Infringement Notices by taking any action required under the DMCA.
Please note that the DMCA requires that your Infringement Notice be submitted in good faith. This means you are required to evaluate whether the use of your content on the Website is a "fair use," as fair uses are allowed under the law. If you are not sure if the Infringing Content infringes your copyright, you should consult with an attorney. If you submit an Infringement Notice in bad faith, the user who posted the Infringing Content could have legal claims against you.
Infringement Notices are not anonymous. If we act in response to your Infringement Notice---such as by removing the Infringing Content---we will pass on your Infringement Notice to that user to afford them an opportunity to respond.
We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:
providing false, misleading, or inaccurate information to Company or any other person in connection with your Account or the Website;
impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
accessing the Account of any other user;
modifying or changing the placement and location of any advertisement posted through the Website;
harvesting or collecting information about users, including email addresses and phone numbers;
using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website;
creating additional Accounts to promote yourself, your business, or a Third Party (or another's) business, or causing others to do so; or
paying anyone for interactions on the Website.
DISCLAIMERS AND LIMITATIONS
A warranty is a promise made by a business to a consumer about the business's products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business "disclaims" a warranty, it is the equivalent of saying "we are not making this promise to you."
UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.
Limitation of Liability
This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website and Services---in fact, we could not provide them otherwise.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
Application of Disclaimers
Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. Not advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
The provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including the sections entitle ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.
If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
OTHER TERMS AND POLICIES