Terms and Conditions
Effective Date: August 31, 2023
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to ThePubliclndex, a public records search service provided by InfoPay, Inc. ("we", "us", or InfoPay, Inc.). The ThePubliclndex website (available at thepublicindex.org, including all content under the "thepublicindex.org" domain name) is owned and operated by us, and the website, together with all services, products, and materials herein, is referred to as the "Services". We provide the Services subject to your agreement to and compliance with the terms and conditions set forth in this document and its incorporated terms (the "Terms").
By using the Services, you agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 17.
We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Services on or after the effective date of such revision and/or addition.
1. Right to Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable right to use the Services, its content, or any part of the Services, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the "Services Content") for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to the Services not expressly granted to you. ThePubliclndex, and/or its related companies or licensors, expressly retains all right, title, and interest in and to the Services Content, including, without limitation, all intellectual property rights therein and thereto. ThePubliclndex and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Services Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe.
- Registering for an account. You must create an account to access certain offerings within the Services (an "Account"). You must provide accurate, current, and complete information when registering, and you agree to update this information as needed to keep it current. InfoPay, Inc. reserves the right to revoke your registration without notice to you in the event you breach any part of these Terms.
- Passwords. You must create a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your and any third party's activities that occur through your account, whether or not you authorize such activities. You must immediately notify us of any suspected or actual unauthorized use of your account. You agree that we will not under any circumstances be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your password
- Eligibility for Accounts. You must be 18 years of age or older to use the Services and purchase any services. Any offers of sale are only intended for individuals who are eighteen (18) years of age or older. By using the Services or purchasing services, you affirm that you are eighteen (18) years of age or older, and you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside; (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction; and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
3. Consent to Use Information
If you or someone you authorize conducts a search about you on the Services, you agree and consent to the use and display of information about you on the Services, including all attributes about you (e.g., name, age, location) for any and all commercial and non-commercial purposes. You agree that your consent to use is not an admission that any information displayed about you constitutes the use of your identity under any law.
4. Use Restrictions
You may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Services Content. You may not use the Services Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivative works based on the Services Content. You may not access or use the Services through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website's operations or interference with access to the Services and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
You may not use the Services, any search results, or other information you may receive through the use of the Services ("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. You agree that you shall not use Information to engage in stalking or harassing any individual, requesting information under false pretenses, or identity theft.
5. Options for Purchasing Services
You can find current pricing for services and subscriptions on the Services. We reserve the right to modify prices and to add or remove services or subscription options at any time. Any changes we make will become effective upon renewal of or purchase of additional Services. In the event that we discontinue a material portion of the materials and features that you regularly use in the ordinary course of your business, and such materials and features are part of a flat fee subscription plan to which you have subscribed, we will, at your option, terminate these Terms.
The searches available to you are determined by the trial period or subscription level you choose and are subject to change. Certain services available via the Services are provided via monthly subscriptions or through one-time payment options. If you have a subscription for unlimited searches with us, you may have to pay an extra fee if you search for a premium report. Premium reports are reports that cost us an extra fee to access for and share with you, so we can't offer it as part of your regular membership. They may include comprehensive background reports, vehicle history reports, criminal records, bankruptcy, lien & judgment reports, or court records, among others.
Payment of fees for purchases on the Services must be made with current and valid credit card, debit card, or other payment account ("Payment Account"). Some of these payment options may be provided by third parties. Your use of those third-party payment options is subject to the third-party terms and privacy notices. If your Payment Account is insufficient, or not accurate, current, and complete, we may refuse your use of the Services and, where applicable, suspend or terminate your subscription.
Fees will be billed to the Payment Account you provide to us.
For single report and one-time billing package purchases, fees will be immediately billed to your Payment Account on a one-time basis at the time of your order.
For subscriptions, fees will be automatically billed to your Payment Account on a recurring monthly basis unless and until you cancel (see Recurring Payment Subscriptions for more details). You acknowledge and agree that we may preauthorize your card for an amount up to the total of the given transaction amount and will not obtain additional authorization from you for each recurring fee charged to your Payment Account.
You agree and understand that, except as may otherwise be indicated, you will be billed whether or not any report you purchase yields any results, and whether or not the results contain incorrect information or no information at all.
Transactions will appear on your credit card statement as THEPUBLICINDEX.ORG or THEPUBLICINDEX.
7. Trial Periods
We may offer you access to either free or paid trial uses of the Services. If you choose a paid trial, the trial fee will be immediately billed to your Payment Account. Your subscription will begin on the "Next Billing Date" (as identified on your Order Confirmation, and on the Account Details page of your account), and the monthly subscription fee will be billed to your Payment Account on that date and thereafter on a recurring monthly basis unless and until you cancel.
8. Recurring Payment Subscriptions
AUTOMATIC RENEWAL FEES FOR RECURRING PAYMENT SUBSCRIPTION PLANS WILL BE AUTOMATICALLY CHARGED TO YOUR PAYMENT ACCOUNT.
WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON A MONTHLY BASIS BEGINNING ON THE "NEXT BILLING DATE" IDENTIFIED IN YOUR ORIGINAL ORDER CONFIRMATION AND EVERY THIRTY (30) DAYS THEREAFTER (THE "AUTOMATIC RENEWAL DATE"). WE WILL PRESENT YOU WITH AN OPTION TO AUTHORIZE THESE PAYMENTS DURING THE SIGN-UP PROCESS, AND YOU ARE CHECKING THE BOX ON THE SIGN-UP PAGE DEMONSTRATES YOUR CONSENT TO SUBSCRIPTION BILLING. ON EACH RENEWAL DATE, YOUR PAYMENT ACCOUNT WILL BE CHARGED THE THEN CURRENT RATE FOR THE SUBSCRIPTION YOU SELECTED ON YOUR SERVICE ORDER. UPON PAYMENT, WE WILL SEND YOU AN ACKNOWLEDGEMENT VIA EMAIL OF THE PARTICULAR TERMS OF YOUR RECURRING PAYMENT PLAN, INCLUDING THE AUTOMATIC RENEWAL DATE, AND INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION TO AVOID AUTOMATIC RENEWAL.
THEREAFTER, WE WILL PROVIDE YOU WITH NOTICE OF ANY CHANGE IN THE SUBSCRIPTION RATE OR MATERIAL CHANGES TO OTHER TERMS OF YOUR RECURRING PAYMENT PLAN, VIA EMAIL, AT LEAST FIVE (5) DAYS BEFORE THE AUTOMATIC RENEWAL DATE.
YOU MAY CANCEL YOUR ACCOUNT AND SUBSCRIPTION AT ANY TIME. TO DO SO, (1) USE THE "CANCEL" OPTION ON THE ACCOUNT DETAILS PAGE OF YOUR ACCOUNT, (2) CONTACT US AT (800) 559 - 7449 OR (3) EMAIL US AT email@example.com. OUR CUSTOMER SERVICE DEPARTMENT IS OPEN AND AVAILABLE 24/7.
PLEASE NOTE THAT SUBSCRIPTION FEES ARE BILLED MONTHLY IN ADVANCE, AND WE WILL NOT REFUND THE UNUSED PORTION OF YOUR MONTHLY SUBSCRIPTION. THEREFORE, YOU MUST CANCEL BEFORE THE AUTOMATIC RENEWAL DATE IN ORDER TO AVOID AUTOMATIC RENEWAL OF YOUR TRIAL/FULL PAID SUBSCRIPTION, AND THE ASSOCIATED MONTHLY SUBSCRIPTION FEES.
9. Customer Support
Our Customer Support team is available to address your questions or concerns. If you have any issues with billing, you agree to contact our Customer Support Team prior to contacting your bank. Contact Customer Support using our online form, by calling (800) 559 - 7449 or via email at firstname.lastname@example.org. Our Customer Service Department is open 24/7.
10. FCRA Notice
ThePubliclndex does not provide the Services or compile 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 Information does not constitute "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. ThePubliclndex simply aggregates and provides 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) for the purpose of considering 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 ThePubliclndex 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.
You expressly agree that use of the Services is at your sole risk. ThePubliclndex shall not be liable for any loss, liability, cost, or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Services, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury, or any other pecuniary or financial loss, whether in an action of contract, negligence, equity, or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services, and other content provided on the Services.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and this data may contain errors and omissions. We do not guarantee that Information is current or accurate, and you, therefore, should not use the Services to verify any individual's arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of the Services or Information. You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.
For the most recent records concerning any individual or vehicle presented on the Services, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON THE WEBSITE ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
ThePubliclndex is not affiliated with the United States Government or any federal or state government agency.
12. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THEPUBLICINDEX PROVIDES THE WEBSITE AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THEPUBLICINDEX MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, THEPUBLICINDEX 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.
THEPUBLICINDEX 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 WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE WEBSITE.
ThePubliclndex does not warrant that the Services will be uninterrupted or error-free; nor does ThePubliclndex make any warranty as to the results that may be obtained from use of the Services, or as to the accuracy or reliability of any information, service, or materials provided through the Services.
13. Limitation of Liability
THEPUBLICINDEX 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 WEBSITE, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH THEPUBLICINDEX 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 WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.
THEPUBLICINDEX, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL 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; OR (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 INFORMATION MADE AVAILABLE VIA THE WEBSITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE WEBSITE WILL IN NO EVENT EXCEED ONE HUNDRED US DOLLARS ($100).
You agree to indemnify, defend, and hold harmless ThePubliclndex and its officers, directors, agents, employees, partners, affiliates, licensors, data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Services or any Information you obtain through the Services; (ii) your violation of these Terms; (iii) your violation or infringement of any laws or any rights of another individual or entity; or (iv) any actual, prospective, or terminated sale or other transaction between you and a third party.
15. Location of the Site and Your Use
ThePubliclndex operates or controls the operation of the Services from the United States. In addition, the Services may be mirrored, and other websites operated or controlled by ThePubliclndex may be operated from various locations in and outside of the United States. ThePubliclndex makes no representation or warranty that all of the features of the Services will be available to you outside of the United States, or that the Services is permitted to be accessed outside of the United States. Additionally, the Services may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use the Services from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
We reserve the right to terminate or restrict your 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 violation by you of any term of these Terms. 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.
17. ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
A. Arbitration Notice.
You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms, it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to: ThePublicIndex, 867 Boylston St. 5th Floor #1345, Boston, MA 02116. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, the arbitration will be held at a location convenient to the consumer. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us, subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator's award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of these Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS-WIDE ARBITRATION WAIVER: YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
- You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court; or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.
- You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and we agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys' fees) in pursuing that remedy.
OPT OUT: You may opt-out of this mandatory arbitration provision by writing us within sixty (60) calendar days of your agreement to this Arbitration Provision by mail to ThePublicIndex, 867 Boylston St. 5th Floor #1345, Boston, MA 02116. Include your name, address, and date in the correspondence. This is the only way you can opt-out.
B. CLASS ACTION WAIVER:
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
C. Claims and Disputes Must Be Filed Within One (1) Year.
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
18. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
19. General Conditions
These Terms constitute the entire agreement between you and us, and govern your use of the Services, 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 part of these Terms 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 these Terms will not constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
20. 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 or write:
867 Boylston St.
5th Floor #1345
Boston, MA 02116