Terms of Service
Effective Date: August 27, 2024
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, PLEASE READ THIS CAREFULLY.Welcome to Inteligator.com, a service for searching public records provided by Inteligator ("we", "us", or "our"). The domain and its entirety, located at Inteligator.com, including all subdomains and sections under the "Inteligator.com" domain, are owned and operated by us, henceforth referred to as the "Website." Your access, browsing, and use of the Website are conditioned upon your acceptance of and compliance with the terms outlined in this document, including any additional terms and policies it references (hereinafter, the "Terms").
Consent to Terms: By accessing, viewing, or using the Website in any manner, you acknowledge and agree to be bound by these Terms of Use. You must review these Terms of Use thoroughly. Engagement with the website signifies your acceptance of these terms. If you do not consent to these terms, please refrain from using the website.
Your acceptance of these Terms includes your agreement to be bound by the Binding Arbitration Clause and Class Action Waiver.
We reserve the sole right to amend, modify, or update these Terms at any time without prior notice, with any changes being posted here. Such revisions or additions to these Terms will take effect immediately and be binding upon your continued use of the Website after such changes have been posted.
Registration
You must be 18 years of age or older to use Inteligator.com and purchase any Inteligator.com services. Any offers of sale are only intended for individuals who are 18 years of age or older. By using Inteligator.com or purchasing Inteligator.com services, 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 all use of your account.
You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
License and Conditions of Use
Upon your agreement to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to access and use the Website and its content (including, but not limited to, text, graphics, images, photographs, and computer code, hereinafter referred to as "Website Content") strictly for personal, non-commercial purposes. This license is subject to your full compliance with these Terms. All rights not expressly granted herein are reserved by us. Any commercial use, redistribution, public display, modification, or creation of derivative works of the Website Content is expressly prohibited without our prior written consent. All intellectual property rights in the Website Content are owned by us or our licensors and are protected by copyright and other laws. Unauthorized use of the Website Content may violate these laws and these Terms.
You are solely responsible for ensuring that your use of the Website complies with these Terms and all applicable laws. We reserve the right, at our sole discretion, to refuse service, terminate accounts, or restrict access to the Website for any reason, including, but not limited to, violations of these Terms, our Privacy Policy, or if we deem such actions necessary to protect our interests or comply with legal requirements.
You must not use the Website or any information obtained from it (the "Information") in a manner that violates any applicable laws or regulations. The Website compiles public records from various sources, but it is not a consumer reporting agency as defined by the Fair Credit Reporting Act ("FCRA"), and the Information provided is not intended for use in generating consumer reports.
You agree not to use the Information for stalking, harassment, fraud, or identity theft.
Automated access to the Website, including the use of bots, spiders, scripts, or similar technologies, is prohibited. You may not engage in data scraping, mining, or any other activity aimed at obtaining data or interfering with the operation of the Website.
FCRA Notice
Inteligator.com does not compile background information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The reports we provide are not "consumer reports" under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. The Services simply aggregate and provide access to publicly-available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from search results (a) to discriminate against any consumer; (b) to consider a consumer’s eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer’s economic or financial status or standing. You understand, agree, and acknowledge that any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless Inteligator.com and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses or liabilities of whatever nature, due to or arising out of your use of information from search results in a manner covered under the FCRA.
DPPA Notice
You understand, agree, and acknowledge that you may conduct a motor vehicle record search through the Services and access the results of that search only for a purpose permitted under the Driver’s Privacy Protection Act of 1994 ("DPPA"), 18 U.S.C. § 2721, et seq., as amended, and as supplemented or restricted by the laws, rules, and regulations of the state from which the motor vehicle record is sought (collectively, "DPPA Laws"). You represent that you are aware of and understand the requirements and restrictions of the DPPA Laws, and that you are conducting your search through the Services for a purpose authorized by the DPPA Laws. You understand, agree, and acknowledge that your use of motor vehicle records made available through the Services for any purpose other than a permitted purpose under the DPPA Laws may subject you to criminal fines for non-compliance and civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys’ fees. You agree to indemnify, defend, and hold harmless Inteligator.com and its affiliates, subsidiaries, offices, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses, or liabilities of whatever nature or kind, due to or arising from your violation of the DPPA Laws.
Disclaimers
Your use of the Website is at your own risk. Inteligator.com disclaims all liability for any loss, damage, injury, or expense you may incur due to using or accessing the Website, whether directly or indirectly. We do not warrant the accuracy, completeness, or timeliness of the Information provided on the Website. The Website aggregates public records, which may contain inaccuracies or need to be updated. Users are advised to verify any information obtained from the Website before taking any action.
Inteligator.com is not affiliated with the United States Government or any federal or state government agency.
Limitation of Liability
Inteligator.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use, or the inability to use, the website or any information obtained through the website, even if Inteligator.com has been advised of the possibility of such damages.
No Warranties
The website and all information are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Inteligator.com disclaims all warranties to the extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Inteligator.com and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third-party claims, demands, expenses (including reasonable attorneys' fees) or liabilities of whatever nature or kind, due to or arising out of your use of Inteligator.com, the Data, your violation of these Terms, or your violation of any rights of another.
Website Use and International Access
While Inteligator.com controls and operates the Website from the United States, we make no representation that the Website or the Information is appropriate or available for use in locations outside the United States. Access to the Website from territories where its contents are illegal is prohibited. Users accessing the Website from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.
Termination
We reserve the right to terminate your access to the Website or any portion thereof at any time, without notice, for any reason whatsoever, including but not limited to breach of these Terms. Upon termination, your right to use the Website will immediately cease.
Arbitration and Class Action Waiver - PLEASE READ CAREFULLY THIS IMPORTANT NOTICE TO UNDERSTAND YOUR RIGHTS
Notice of Arbitration
Both you and the company agree that any disputes or claims concerning the website or these terms will be settled through confidential binding arbitration instead of in court. This process begins with sending a Notice of Dispute ("Notice") to the other party, allowing 30 days to attempt resolution. Notices should be directed to: Inteligator.com, (privacy@inteligator.com), including details of the dispute and the resolution sought. Should there be no resolution within 30 days of the Notice, either party may proceed to arbitration. No judge or jury is involved in arbitration, and review by a court is limited. Yet, an arbitrator can grant the same remedies that a court can, following these terms of service as a court would. By agreeing to arbitration, you consciously waive your rights to a jury trial and court proceedings in state or federal court. Arbitration will be governed by the Federal Arbitration Act, with the American Arbitration Association (AAA) overseeing the process according to its rules. All arbitration costs will adhere to AAA's guidelines. Arbitrations will take place in Massachusetts or another agreed location. If the dispute involves a consumer, the location will be convenient for them. For claims under $10,000, the process can be through telephone or written submissions unless an in-person hearing is deemed necessary. The arbitrator will base their decision on Massachusetts law, upholding all applicable legal privileges. They also have the authority to interpret this arbitration clause unless exempt claims are filed in court, which the court will then determine. Any changes to this section (except for notice address or website link changes) will not apply to claims made before the change. Attempts to terminate this section will not impact claims made before the termination becomes effective.
CLASS-WIDE ARBITRATION WAIVER: By agreeing, you waive the right to engage in class-wide arbitration against us. Should any dispute advance to court, both parties give up the right to a jury trial.
EXEMPT CLAIMS: Certain claims, including small claims court actions and individual actions to stop intellectual property infringement, are not subject to arbitration. Successful parties in intellectual property cases may recover costs and fees.
OPT-OUT OPTION: You have 60 days from agreeing to these terms to opt out of arbitration by writing to Inteligator.com at the provided address.
Waiver of Class Action Rights
You forgo the right to participate in class action lawsuits against the company. This applies if a claim progresses to court instead of arbitration, with both parties waiving the right to a jury trial.
Time Limitation on Claims
Any legal claims related to your website use must be initiated within one year from the claim's emergence. This limitation applies broadly to you and your successors.
Governing Law
These Terms shall be governed and construed following the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
General Conditions
These Terms constitute the entire agreement between you and us, and govern your use of Inteligator.com, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us.