Records Authority

Terms of Service Agreement

 

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

 

The public records search services (“Services”) available at this website ( “Website”) are provided by Records Authority. By your purchase and use of the Services, you agree to be bound by and comply with the terms and obligations of these terms of service agreement (“Agreement”). Please review this Agreement thoroughly, as it governs your use of the Services and your relationship with Records Authority. If you do not agree to comply with the terms of this Agreement, you should not use the Services.

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.

 

Please note: this Agreement applies only to your purchase and use of the Records Authority Services and the public records information it supplies. It does not apply to your use of the Website or any content or other services offered thereon, for which the Website may have its own terms.

 

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 the Services. We reserve all rights of ownership in the Services not expressly granted to you. We or our licensors own all rights, title and interest in and to the Services and its content, including all copyrights, trademarks, and other intellectual property rights (“Records Authority Content”).

You agree that you shall not use the Services 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 the Services in any manner or form, (iii) copy, distribute, or create derivative works based on the Records Authority Content, (iv) exploit the Records Authority 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 the Services or any elements thereof.

You agree that you shall not use the Services, or any information or data you may receive through use of the Services (“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 the Services. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Services (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 the Services 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: Records Authority is not a “consumer reporting agency” as defined under the Fair 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.

Preliminary Searches

Records Authority offers unregistered users the ability to perform free preliminary searches prior to purchasing a Records Authority membership. These searches are intended only to verify that information about the subject of the search exists in our database, and is provided as a reference only. You agree and acknowledge that the results of free preliminary searches may not match results obtained from paid Premium Searches based on the same search parameters.

 

Registration

You must be 18 years of age or older to purchase and use the Services. Any advertisements for the Services, regardless of source, are only intended for individuals who are 18 years of age or older. By purchasing or using the 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 any and all use of your account. You agree to indemnify, defend, and hold harmless Records Authority 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 your Membership Fee 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 the Services.

 

Membership is on a non-recurring subscription basis (in other words, you pay only once). The duration of the subscription will depend on the subscription level you have purchased. After payment of the Membership Fee, you will gain access to the following searches: Basic Arrest/Warrant Search, Basic Background Check, Preliminary State Criminal Records Search, Basic Sex Offender Search, People Search by Name, People Search by Address, Reverse Landline Phone search, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, and Business Name Search. Please note that the above mentioned searches may change without notice.

 

Premium Reports

Our Premium Reports are not included in your Membership Fee; if you request a Premium Report, additional fees will apply. Fees paid per Premium Report will be used to access third party data sources that may offer information otherwise not available. As with all reports, Data collected and offered within each report will vary based on availability.

 

You agree and understand that except as otherwise indicated, you will be charged for each Premium Report you order, regardless of whether such Premium Report yields any results, and regardless of whether such Premium Report or record therein contains incorrect information or no information at all.

 

Premium Search Access

Access to certain search reports may require you to upgrade to Premium Search Access. In addition, some search details not found in our database may be available within third party data sources that are available to Premium Search Access account holders. Premium Search Access membership upgrades are offered by InteliGator.com, a partner company. When upgrading to Premium Search Access service, you will receive a 3-day trial. If you decide to cancel on or before the expiration of the trial period, you will only be charged for the trial period. Otherwise, you will be charged a recurring monthly fee until you cancel, which you can do at any time. To cancel your first scheduled recurring charge for Premium Search Access, you must contact InteliGator.com within the 3-day trial period by email at cancellations@inteligator.com . Please do not contact Records Authority directly with any Premium Search Access cancellation request.

 

Copyrights and Trademarks

The Records Authority Content is owned by Records Authority and/or its licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. Records Authority and/or its licensors own and retain all rights, including the worldwide copyright, in the Records Authority 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 Records Authority 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 Records Authority Content, and you shall not exploit the Records Authority 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 Records Authority Content downloaded or printed.

 

All brand and product names are trademarks or registered trademarks of Records Authority 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 the Services 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. Records Authority is not necessarily affiliated with, endorsed by, or compensated by these third parties.

 

The Website may be owned and operated by a third party. We do not necessarily create, review, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of any such third-party Website or any content, products, services, or links available thereon. Your use of the Website is at your own risk.

 

THE DATA AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RECORDS AUTHORITY MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, RECORDS AUTHORITY 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.

 

RECORDS AUTHORITY 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 SERVICES. YOUR USE OF THE SERVICES AND DATA IS SOLELY AT YOUR OWN RISK.

 

Records Authority is not affiliated with the United States Government or any Federal or State government agency.

 

Limitation of Liability

RECORDS AUTHORITY 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 THE SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH THE SERVICES 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 THE SERVICES OR DATA, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES OR DATA, WHETHER ONLINE OR OFFLINE.

RECORDS AUTHORITY, 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 THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY even if WE HAVE BEEN advised of OR SHOULD HAVE BEEN AWARE OF their possibility.

RECORDS AUTHORITY’S AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.

 

Indemnification

You agree to indemnify, defend, and hold harmless Records Authority 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 the Services, the Website, the 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 the Services 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 the Services. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

 

Links

The Website may contain links to third party websites. We do not necessarily control or endorse these third-party sites, or any goods or services sold on those sites. 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.

 

Arbitration

Any dispute concerning the Services, the 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 Records Authority 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 Records Authority, and governs your use of the Services, superseding any prior agreements between you and Records Authority (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 Records Authority product or service, please click here to contact us.