e at www.adr.org.
Unless otherwise agreed, the arbitration shall take place in the
capital city of the state in which the consumer resides, but may proceed
telephonically in the event the total amount of the claim does not exceed $2,500
U.S. dollars (if the claimant so chooses).
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO
COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved
by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury.
Arbitration is more informal than a court trial; however, an arbitrator can award
the same relief that a court can award.
Separate and apart from the agreement to arbitrate set forth above, the parties
hereby independently waive any right to bring or participate in any class action in
any way related to, or arising from, this agreement. You acknowledge that this
class action waiver is material and essential to the arbitration of any disputes
between the parties and is nonseverable from the agreement to arbitrate claims. If
any portion of this class action waiver is limited, voided, or cannot be enforced,
then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND
THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION
WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY, ITS AGENTS, OFFICERS,
SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN
INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE
PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR WEBSITES OR MEMBERSHIP PLANS.
Notwithstanding anything to the contrary herein, (a) a representative action for
public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal.
Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et
seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be
arbitrated on a class basis, (b) in the event that the foregoing clause is deemed
invalid or unenforceable, a representative action for public injunctive relief
pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et
seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False
Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the
state or federal courts located in California on a class basis, and (c) any claims
other than for public injunctive relief must be arbitrated on an individual, non-
class basis as otherwise set forth in this Section.
4. Legal Age Requirement & User Obligations
By installing, accessing, or using this Website you hereby represent that you are
at least 18 years of age - or the legal age of majority in your permanent
jurisdiction of residence. The Company reserves the right to request any buyer to
provide written proof of age in any form.
By installing, accessing, or using this Website you hereby represent that you will,
at all times, provide true, accurate, current, and complete information when
submitting information to this Website, including, without limitation, when you
provide any information to the Company via an email or any registration or
submission form found on the Website. If you provide any false, inaccurate, untrue,
or incomplete information, the Company reserves the right, in its sole discretion,
to immediately and without notice terminate your access to and use of this Website
and/or cancel any of your pending purchases or registrations with the Company. In
addition, you agree to abide by all applicable local, state, national, and
international laws and regulations with respect to your use of this Website. You
also acknowledge and agree that use of the Internet and this Website are solely at
your own risk. While the Company has endeavored to create a secure and reliable
Website, the confidentiality of any communication or material transmitted to/from
the Website over the Internet or any other form of global communication network
cannot be guaranteed. Accordingly, the Company is not to any degree responsible or
liable for the security of any information transmitted via the Internet, the
accuracy of the information contained on the Website, or for the consequences of
any reliance on such information. You must make your own determination as to these
issues.
5. License Grants
License Grants for Use of Website
Subject to your continued strict compliance with the terms and conditions of this
document and subject to the limitations below, the Company provides to you a
revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-
transferable license to use the Website. You may download and print materials and
information from the Website solely for your personal use, provided that you do not
remove from any such hard copies any copyright and/or other applicable intellectual
property notices. Notwithstanding the foregoing license grant, you hereby
acknowledge and agree that (i) the content layout, formatting, and features of and
access privileges for the Website shall be determined by the Company in its sole
and absolute discretion; (ii) the Company has the right to control and direct the
means, manner, and method by which the Website is provided; (iii) the Company may,
from time to time, engage independent contractors, consultants, or subcontractors
to aid the Company in providing the Website or use thereof; and (iv) the Company
has the right to provide the Website to others. In addition, you hereby acknowledge
and agree that these Terms provide you with only a limited license to access and
use the Website. Accordingly, you hereby acknowledge and agree that the Company
transfers no ownership or intellectual property interest or title in and to the
Website to you or anyone else under these Terms. The Company hereby reserves any
and all intellectual property rights not otherwise expressly granted in these
Terms.
License Grant Associated with Background Information Services Provided under
Membership Plans
Upon a customer's purchase of, or subscription to, a Membership Plan, the Company
hereby grants to the customer a limited license to use its Background Information
Services and any data contained therein, subject to the restrictions and
limitations set forth herein. The Company hereby grants to customer a limited
license to use its Background Information Services offered in connection with a
Membership Plan solely for the customer's own internal personal purposes. Customer
represents and warrants that all of customer's use of the Company’s Background
Information Services shall be for only legitimate purposes. Customer shall not use
Background Information Services for commercial, collections, governmental,
marketing, advertising or marketing purposes or resell or broker services to any
third-party and shall only use Background Information Services for personal (non-
business) purposes. Customer shall not use Background Information Services to
provide data processing services to third-parties or evaluate the data of or for
third-parties. Customer agrees that if the Company determines or reasonably
suspects that continued provision of Background Information Services to customer
entails a potential security risk, or that customer is otherwise violating any
provision of these Terms, or any of the laws, regulations, or rules described
herein, the Company may take immediate action, including, without limitation,
terminating the delivery of, and the license to use, the Background Information
Services. Customer shall not access Background Information Services from Internet
Protocol addresses located outside of the United States and its territories without
the Company’s prior written approval. In any event, customer understands and agrees
that (i) Background Information Services are provided to it in the United States at
the point at which Customer accesses Company server facilities; and (ii) the
Company makes no representation regarding the legality of accessing such Background
Information Services from outside of the United States and its territories.
Customer may not use Background Information Services to create a competing product.
Customer shall comply with all laws, regulations and rules which govern the use of
Background Information Services and information provided therein. The Company may
at any time mask or cease to provide customer access to any Background Information
Services or portions thereof which the Company may deem, in the Company’s sole
discretion, to be sensitive or restricted information.
Customer acknowledges that the Background Information Services available through
Membership Plans may include personally identifiable information and it is the
customer's obligation to keep all such accessed information confidential and
secure.
6. Restrictions
Notwithstanding the foregoing license grants, you may not modify, translate,
decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast,
transmit, publish, remove or alter any proprietary notices or labels, license,
sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label,
grant a security interest in, or otherwise use in any manner not expressly
permitted herein, the Website. Specifically, and by way of illustration and not
limitation, you may not separate and use any graphics, interfaces, photographs,
audio, video, sounds, artwork, designs, computer code (including html code),
programs, software, and documentation found on or accessible through the Website.
Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or
any other device, program, script, algorithm, or methodology, or any similar or
equivalent manual process, to access, acquire, copy, or monitor any portion of the
Website or in any way reproduce or circumvent the navigational structure or
presentation of the Website in order to obtain or attempt to obtain any materials,
pictures, documents, or any other information through any means not purposely made
available through the Website, (ii) attempt to gain unauthorized access to (a) any
portion or feature of the Website, (b) any other systems or networks connected to
the Website, (c) any Company server, or (d) to any of the services offered on or
through the Website, by hacking, password “mining,” or any other illegitimate or
prohibited means, (iii) probe, scan, or test the vulnerability of the Website or
any network connected to the Website, nor breach the security or authentication
measures on the Website or any network connected to the Website, (iv) reverse look-
up, trace, or seek to trace any information on any other user of or visitor to the
Website, (v) take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Website or the Company’s systems or
networks or any systems or networks connected to the Website, (vi) use any device,
software, or routine to interfere with the proper working of the Website or any
transaction conducted on the Website, or with any other person’s use of the
Website, (vii) forge headers, impersonate a person, or otherwise manipulate
identifiers in order to disguise your identity or the origin of any message or
transmittal you send to the Company on or through the Website, (viii) use the
Website to harvest or collect e-mail addresses or other contact information in a
manner inconsistent with these Terms; or (ix) use the Website in an unlawful manner
or in a manner that could damage, disparage, or otherwise negatively impact the
Company. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR
REPRODUCING ANY MATERIALS PROVIDED BY THE COMPANY TO ANY OTHER SERVER, HARD DRIVE
OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED.
7. Fair Credit Reporting Act Notice And Obligations
TruthFinder IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR
CREDIT REPORTING ACT ("FCRA"), 15 USC §§ 1681 et seq. AS SUCH, THE ADDITIONAL
PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING
AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
You may not use any information obtained from the Company from its Background
Information Services in connection with determining a prospective candidate's
suitability for:
Health insurance or any other insurance
Credit and/or loans
Employment
Education, scholarships or fellowships
Housing or other accommodations
Benefits, privileges or services provided by any business establishment.
The information provided by the Company via the Website has not been collected in
whole or in part for the purpose of furnishing consumer reports, as defined in the
FCRA. Accordingly, by purchasing Membership Plans through this Website and using
the Company’s Background Information Services, you understand and agree that you
will not use any of the information you obtain from the Company as a factor in: (a)
establishing an individual's eligibility for personal credit, loans, insurance or
assessing risks associated with existing consumer credit obligations; (b)
evaluating an individual for employment, promotion, reassignment or retention
(including employment of household workers such as babysitters, cleaning personnel,
nannies, contractors, and other individuals); (c) evaluating an individual for
educational opportunities, scholarships or fellowships; (d) evaluating an
individual’s eligibility for a license or other benefit granted by a government
agency or (e) any other product, service or transaction in connection with which a
consumer report may be used under the FCRA or any similar state statute, including,
without limitation, apartment rental, check-cashing, or the opening of a deposit or
transaction account. You also agree that you shall not use any of the information
you receive through the Background Information Services to take any "adverse
action," as that term is defined in the FCRA; you have appropriate knowledge of the
FCRA; and, if necessary, you will consult with an attorney to ensure compliance
with these Terms.
8. Orders Placed Through The Website
All orders placed through the Website are subject to the Company’s acceptance.
After your order has been placed, we will provide you with an email confirming our
receipt of your order and, if your order is accepted, confirming our acceptance of
your order. The Company may refuse to accept or may cancel any order, whether or
not the order has been confirmed, for any or no reason, and without liability to
you or anyone else. If your payment card or payment method has already been charged
for an order that is later cancelled by the Company, we will issue you a refund. If
you do not receive confirmation that your order has been placed, please contact our
Customer Service Department at (800) 699-8081.
While we want everyone to be able to enjoy our Membership Plans, we may, in our
sole discretion, not accept an order or limit or cancel quantities purchased per
person, per household or per order. Some reasons we may do so include, but are not
limited to, the following:
Orders that cannot be processed as a result of incorrect or invalid billing or
payment information. Be sure to double-check your information when placing an
order. We cannot process orders for several reasons including, but not limited to:
Incorrect credit or debit card information such as card number, expiration
date and card security value;
Incorrect payment method billing information (billing information provided
must be the same as what your financial institution has on record);
Orders, in our sole discretion, that we suspect to be fraudulent. We reserve
the right to cancel or not accept any order that we suspect to have been placed as
a result of fraudulent activity. We further reserve the right to cancel or not
accept subsequent orders from customers with a previous fraudulent order history;
and
Orders connected to previous credit card disputes.
If your order has been processed and shipped, you may obtain a refund on the
Membership Plan you ordered pursuant to the terms of our Refund Policy, which is
summarized below.
9. Membership Plan Offers And Modifications
Standard Background Report Membership Plan
