ActualPeopleSearchPro

Terms of Service

Effective:
May 12, 2026
Last updated:
May 12, 2026

Terms of Service

Effective Date: May 12, 2026

ActualPeopleSearch PRO ("Company," "we," "us," or "our") provides access to and use of: (a) our website and web-based interfaces, including pro.actualpeoplesearch.com (collectively, the "Website"); (b) our mobile applications; and (c) any related products, features, tools, content, and services that we make available through or in connection with the foregoing, including without limitation any subscription services, one-time purchases, and paid search and/or data access functionality (collectively, the "Services," and together with the foregoing website and applications, the "Platform"). Your access to and use of the Platform is conditioned on your acceptance of these terms of service ("Terms of Service").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE Terms of Service constitute a legally binding agreement BETWEEN you and us, and BY USING THE PLATFORM, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE AS IT RELATES TO THE USE OF THE PLATFORM. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE LEGAL COMPETENCE TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST CEASE USING THE PLATFORM IMMEDIATELY.

1. BINDING ARBITRATION

By accepting these Terms of Service, as detailed below, YOU AGREE TO RESOLVE ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM THROUGH BINDING ARBITRATION AND TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court and as further described below). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Please review the section of these Terms of Service titled "LEGAL DISPUTES AND ARBITRATION" for the details regarding your agreement to arbitrate any disputes with us.

2. MODIFICATIONS TO THESE TERMS OF SERVICE

We reserve the right, in our sole discretion, to modify these Terms of Service at any time without notice to you. We will post all modifications to these Terms of Service on the Platform, and they will become effective immediately upon being posted to the Platform. Your continued use of the Platform following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Service each time that you visit the Platform and review any modifications made since the last time that you visited them.

3. PRIVACY NOTICE

We will treat all personal information that you choose to provide to us through the Platform in accordance with our privacy notice located here (the "Privacy Notice"). By using the Platform, you consent to the privacy practices set forth in the Privacy Notice.

4. MODIFICATIONS TO THE PLATFORM

We may terminate, change, suspend, or discontinue the Platform and/or any aspects of the Platform at any time without notice to you.

5. ACCOUNTS AND LOGINS

When you create a user profile on the Platform by providing the requested registration information and establishing login credentials (a username or other login identifier and a password) that enable you to access and use the Platform, and through which activity on or through the Platform may be associated with you (an "Account"), you represent and warrant that all information you provide in connection with creating your Account is accurate and true. You agree that, if any Account information changes, you will update your account to maintain accurate information.

You agree that you will not distribute your login or password to any other person, and you will not authorize any other person to use your account. You agree that you will not transfer, sublicense, sell, or assign your rights in your Account to any other person. If you believe that a third party has gained access to your Account, you agree to notify us by sending an email to [email protected]. You're responsible for any activity that occurs on or through your Account. We do not guarantee the security of your Account or the Platform.

We reserve the right to terminate your Account at any time for any reason, with or without notice. If your Account is terminated, we have no obligation to retain any data associated with your Account.

Any unauthorized use of your Account by any third party is subject to these Terms of Service as though you were using the Account.

To disable your Account at any time for any reason, you may do so by contacting our support team at [email protected]. When an account is disabled, you will not be able to access or log into the account; however, your account information will be retained.

You may have the right to request deletion of your account and the personal information associated with that account by submitting a verified consumer request as further described in our Privacy Notice under section 7, "Your Privacy Rights." Account deletion is permanent and will result in the removal of your login credentials and associated personal information, subject to any legal retention obligations.

Disabling or deleting your account will automatically cancel any active subscription. You may request reactivation of a disabled account by contacting our support team at [email protected]. For additional details regarding account subscriptions, please review our Subscription and Billing Terms under Section 18 below.

6. INTELLECTUAL PROPERTY AND PROPRIETARY MATERIALS

The technology and information provided on the Platform are owned by or licensed to Company and protected by United States and international intellectual property laws. Company and its licensors retain all intellectual property rights and proprietary rights to that information and technology ("Proprietary Materials"). The trademarks, service marks, trade names, and logos appearing on this site are trademarks of Company and or its affiliates or licensors.

The entire content of the Platform is protected by copyright and other intellectual property rights. Unless permitted under these Terms of Service, no part of the Platform may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited, either manually or by automated means using bots, spiders, or web scraping tools, without Company's prior written consent.

Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

7. INFORMATION AVAILABLE THROUGH THIRD-PARTY WEBSITES OR SOURCES

The Platform may include or make available links to, or information derived from, third-party sources, government records, or other content beyond the Company's control or independent verification (collectively, "Unverified Content"). Such Unverified Content may be made available to users through the Platform. The Company does not review, verify, or evaluate Unverified Content and does not assess the accuracy, completeness, legitimacy, legality, or timeliness of any such information. The Company makes no representations or warranties regarding any information made available through the Platform, and all information is provided on an "as is" and "as available" basis. Your reliance on any information obtained through the Platform is solely at your own risk.

7.1. Sex Offender Registry Information

We do not assess, evaluate, or predict the likelihood that any individual identified as a registered sex offender will commit another offense, nor do we evaluate the nature, severity, or risk of any potential future conduct. Information concerning registered sex offenders displayed through the Platform is derived solely from information that has been publicly disclosed by applicable government authorities. Certain individuals who are required to register as sex offenders may not be subject to public disclosure under applicable law and, as a result, may not appear in search results. Users must exercise extreme caution when relying on sex offender registry information. Search results may rely on limited identifiers, such as name, approximate age, or general location, and mistaken identity may occur. You are solely responsible for independently verifying the identity of any individual and the accuracy of any information before taking any action based on information obtained through the Platform. If you believe that information displayed in a search result is inaccurate, incomplete, or improperly associated with an individual, you should contact the originating law enforcement agency or the appropriate government authority responsible for maintaining the applicable registry.

8. LIMITED SEARCH GUARANTEE

The Services may be offered with a limited search guarantee (the "Limited Guarantee"). If a search covered by the Limited Guarantee returns no results, our sole obligation is that we may conduct an additional search of the same or similar type for you at no additional cost. We are not obligated to provide any refund, credit, or other compensation, even if no results are returned. You acknowledge and agree that the Services are provided on an "as is" and "as available" basis. You are paying us to conduct a search on your behalf, not to obtain or deliver any particular result or outcome. We do not guarantee that any search will locate a particular individual, record, or item of information. Information returned in search results may be obtained from third parties and from public records. Some information may be produced by us based on assumptions made; however, we do not create or verify most of the information and cannot guarantee that any of it is accurate, complete, current, or error-free. You agree that you use and rely on all search results at your own risk. Some search results may be based, in whole or in part, on logic-based assumptions and automated matching using data in our databases (for example, combinations of names, addresses, ages, surnames, and dates associated with those data points). We may also provide you with publicly available marriage and divorce records, as well as similar public-record information. Due to the use of assumptions and automated matching, search results may include both false positives and false negatives, and may not conclusively confirm an individual's identity, marital status, or any other status. You are solely responsible for independently verifying any information obtained through the Platform before relying on it for any purpose. You understand that search results may be incomplete, inaccurate, or misleading, and you agree to exercise caution and judgment in interpreting and using any such information.

9. RESTRICTIONS

You agree that you will not yourself or through any third party: (i) use the Platform in a manner that violates applicable laws, including, without limitation, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM"), the Telephone Consumer Protection Act ("TCPA"), and any similar federal, state, or local laws, or the rights of third parties, including, without limitation, intellectual property laws and third-party rights with respect thereto; (ii) engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform or which may harm us or other users of the Platform; (iii) violate the security of the Platform, including by using any device, software or routine that interferes with the proper functioning of the Platform, accessing or attempting to access any systems or servers on which the Platform is hosted, modifying or altering the Platform in any way or forging headers, misrepresenting your identity or otherwise manipulating identifiers to deceive others; (iv) use automated communication tools to dial, text, call, or otherwise exploit any contact information or personally identifiable information found on the Platform; (v) use automated data extraction tools or manual processes to extract Proprietary Materials from the Platform; (vi) use the Platform in order to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the "FCRA"), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes (as further described herein); (vii) except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Platform, remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Platform or Proprietary Materials; (viii) use the Platform to commit a crime or in a manner intended to stalk, threaten, intimidate, or otherwise harass any person, or that may reasonably be expected to cause emotional distress or physical harm to any person; (ix) use the Platform to seek information about minors, celebrities, or public figures; (x) use the Platform to promote, facilitate, or provide instructional information about illegal activities, or to advocate, promote, or incite physical harm or injury against any individual or group; or (xi) sell, resell, lease, license, sub-license, distribute, or otherwise commercialize any information obtained from the Platform without our prior written consent.

You further agree that you will not use the Platform or any information acquired from the Platform to evaluate a consumer's eligibility for credit or insurance (whether for personal, family, household, or commercial purposes), to evaluate a person's eligibility for employment or volunteering purposes, to evaluate a person's eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the FCRA.

10. THIRD-PARTY WEBSITES

We may include links on the Platform to third-party websites that we do not control or operate (each, a "Third-Party Website"). We are not responsible for any information, content, advertising, products, services, or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval, or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk, and you will be subject to the Terms of Service of that website. Therefore, before interacting with any Third-Party Website, you should consult the legal terms governing the use of such Third-Party Website. We expressly disclaim any and all liability resulting from your use of any Third-Party Website.

11. DISCLAIMER

THE PLATFORM, ALL CONTENT PROVIDED THEREIN, AND PROPRIETARY MATERIALS ARE PROVIDED "AS-IS", "WHERE-IS" AND "AS-AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF OURSELF AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER COMPANY NOR ANY OF THE COMPANY PARTIES REPRESENTS OR WARRANTS THAT THE PLATFORM WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES COMPANY OR ANY OF THE COMPANY PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THE PLATFORM OR PROPRIETARY MATERIALS.

12. MARKETING COMMUNICATIONS

Company is committed to complying with all applicable laws and regulations regarding its marketing communications. You agree that Company and the Company Parties may collect, store, process, analyze, and utilize your contact information, including, but not limited to, phone number, email address, mailing address, and other contact details you provide to send you updates about services, promotional offers, and other pertinent product information. Such communications may be sent through various methods, including phone, mail, email, text message (such as SMS/MMS), chat (such as RCS), push notifications, or other mediums. For text messages, the frequency of the text messages may vary, and standard data rates may apply. You agree that Company and the Company Parties may monitor, record, retain, or transcribe any telephone calls, emails, chats, or other communications with you, regardless of the medium. You may opt out of marketing communications by following the instructions within the communication or contacting the Company at [email protected].

For questions about your privacy, please review the Company's Privacy Notice.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED ONE-THOUSAND DOLLARS ($1,000.00) FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. INDEMNIFICATION

You shall indemnify, defend, and hold harmless Company and the Company Parties from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, collection costs, and other defense costs) arising out of or relating to your use of the Platform or Proprietary Materials or your violation of these Terms of Service.

15. TERMINATION OF THESE TERMS OF SERVICE

We may, without notice to you, immediately terminate these Terms of Service if you breach them or engage in conduct that we, in our sole discretion, believe violates applicable law, our rights, or the rights of other users of the Platform.

Upon termination of these Terms of Service, your right to use the Platform and Proprietary Materials will immediately terminate.

16. COMPLETE AGREEMENT

Please note that the Platform may include summary descriptions or other general information about our products or services. While we strive for accuracy, these materials are intended only as overviews.

These Terms of Service constitute the entire agreement between you and us with respect to your use of the Platform and Proprietary Materials.

Please Read This Following Clause Carefully - It Significantly Impacts Your Legal Rights, Including Your Right to File a Lawsuit in Court

Under this arbitration clause ("Clause"), either you or we may elect for an arbitrator to decide in an arbitration any claims between you and us that a court would normally decide (including contract claims, fraud and other tort claims and statutory claims, as well as claims for money, injunctions or other equitable or declaratory relief).

17.1. What is an Arbitration?

An alternative to a court case. In an arbitration ("Arbitration"), a neutral third party ("Neutral") decides claims without a judge or jury. The hearing is private. It is usually less formal and faster than a lawsuit. It can save legal fees. It involves limited pre-hearing fact-finding and limited appeals. Courts rarely reverse Arbitration awards.

17.2. What is this Clause about?

Your and our agreement to decide certain "Claims" through Arbitration. Generally, either you or we may elect to decide any "Claim" (as defined in 17.4) through an individual Arbitration or, for certain "Mass Claims," a "Group Arbitration" (as such terms are defined in 17.5 and 17.11(vi)).

17.3. Who does this Clause cover?

You and us. This Clause governs you, the person using the Platform, and us. Solely as used in this Clause, the words "we," "us," and "our" mean Company and the Company Parties.

17.4. What Claims does this Clause cover?

All legal claims (except certain claims about this Clause). This Clause governs all "Claims" between you and us that a court would normally decide.

The word "Claims" has the broadest reasonable meaning. "Claims" includes claims based on contract, statute, ordinance, rule, regulation, constitution, or any other legal theory. It includes tort claims (including fraud and intentional tort claims). "Claims" includes claims for money, injunctions or other equitable or declaratory relief. It includes direct claims, counterclaims, and crossclaims. "Claims" includes claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures), and claims that may arise after the termination of this agreement.

BUT, "Claims" does not include disputes about the validity, coverage, or scope of this Clause or any part of this Clause. This includes:

  • Issues relating to the scope and enforceability of this Clause,
  • Whether a dispute can or must be brought in arbitration,
  • Whether the American Arbitration Association ("AAA") cannot or will not administer the arbitration in accordance with this Clause,
  • Whether Section 17.5 has been complied with or violated for purposes of awarding relief under that Section that a court can award, and
  • Whether Sections 17.10, 17.11, or 17.12 have been complied with or violated.

All such disputes are for a court and not a Neutral to decide.

17.5. Pre-Filing Requirements

Before starting a lawsuit or Arbitration, the party with a Claim (the "Claimant") must comply with all of the rules set forth in this section 17.10 (the "Pre-Filing Rules"). The Claimant must give the other party (the "Respondent") a written notice ("Claim Notice"). The Claim Notice must state the claimant's name, mailing address, email address, phone number, and explain in reasonable detail the nature of the Claim, any supporting facts, the requested relief, and how such relief was computed.

If you are the Claimant, you must send the Claim Notice in writing to us by U.S. mail or professional courier service, addressed to: General Counsel, ActualPeopleSearch, 14205 N Mo Pac Expy Ste 570 PMB 29296, Austin, TX, 78728-6529, US ("Notice Address"). You and any lawyer you have hired for the Claim must manually sign the Claim Notice, and the Claim Notice must give your full name and full contact information for you and your lawyer (if any). If you are represented by a lawyer, your lawyer must certify in your Claim Notice whether or not your lawyer knows or has good reason to believe that your Claim will be a "Mass Claim." ("Mass Claims" are Claims made by 25 or more individuals ("Mass Claimants") who have retained at any time the same lawyer or coordinating lawyers for such Claims.) If so, or if it is later shown that the Claim is a Mass Claim, the Mass Claim will be subject to the "Mass Claims Rules" section of this Clause (the "Mass Claims Rules"). By signing the Claim Notice, you and your lawyer certify that, after a reasonable investigation, all facts set forth in the Claim Notice are true and not misleading to the best of the signer's knowledge. To protect your privacy, you might be required to provide both your authentication and consent for us to discuss your Claim Notice or any other information with anyone but you, including an attorney ("Authentication and Consent").

If we are the Claimant, we may send a Claim Notice to you at any physical or email address we have for you in our records. A Company representative must sign any Claim Notice we send. A notice or letter stating that any amount you owe us is past due will serve as a Claim Notice.

Whoever sends the Notice must give the other party 60 days after receipt of a complete Claim Notice (including your Authentication and Consent, if required) to investigate the Claim (the "Pre-Filing Period"). During the Pre-Filing Period, either you or Company may request an individualized discussion (by phone call or videoconference) regarding the Claim Notice ("Meet-and-Confer"). You and Company must work together in good faith to select a mutually agreeable time for the Meet-and-Confer (which can be after the 60-day period). You and a Company representative must personally participate, unless otherwise agreed in writing. Your and Company's lawyers (if any) can also participate. The Meet-and-Confer will be limited to Claims between you and us.

No Claimant may start an Arbitration until the Claimant complies in full with these Pre-Filing Rules. This includes: (i) giving a Claim Notice; (ii) trying to settle the Claim in good faith; (iii) upon request, participating personally in a Meet-and-Confer on an individual basis; and (iv) for Mass Claims, complying with the Mass Claims Rules.

Any applicable statute of limitations or contractual limitations period will be tolled for the Claims and requested relief in the Claim Notice during the "Pre-Filing Period." The Pre-Filing Period is the number of days between the date that the complete Claim Notice (and Authentication and Consent, if required) is received by the other party and the later of (i) 60 days later or (ii) the date the Meet-and-Confer is completed, if timely requested.

If we give written notice that you have not complied with the Pre-Filing Rules, no person may accept your Arbitration filing or proceed under this Clause unless you obtain a court order (no longer subject to appeal) that authorizes the filing. If you do not comply with the Pre-Filing Rules, you agree that we are entitled to an injunction and/or money damages for our Arbitration filing fees and our reasonable legal fees and costs to enforce the Pre-Filing Rules.

17.6. Commencement of Arbitration or Litigation

If and when the Claimant has complied with the Pre-Filing Rules, including the pre-filing terms of the Mass Claims Rules (when they apply), the Claimant may file a lawsuit or an Arbitration with the American Arbitration Association (the "AAA") or any Neutral appointed by a court (or by a Process Neutral appointed under the Mass Claims Rules). If the Claimant starts or threatens a lawsuit, the Respondent may demand an Arbitration instead. The Respondent may make this demand in court papers. The Respondent may make this demand if the Claimant starts a lawsuit on an individual basis and then tries to pursue a class action. Any lawsuit must stop at once if the Respondent makes an Arbitration demand.

Arbitrations are conducted under this Clause and, for AAA Arbitrations, the AAA Rules in effect at the time the Arbitration is filed, including AAA's Consumer Arbitration Rules and, if applicable, the AAA Consumer Mass Arbitration Rules. The Neutral must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree. No Arbitration brought on a class basis may be managed or conducted without our consent by any Neutral who would permit a class Arbitration under this Clause.

Lawsuits: The Claimant may bring a lawsuit instead of an arbitration if the Respondent does not demand an Arbitration. Also, some Claims for a public injunction may be brought in court. See "Invalid Terms." Finally, either party may start or require that a small claims court decide any individual Claim that such court may hear under its rules. The judge hearing such a Claim will be treated as the Neutral under this Clause. The judge's decision will be treated as an Arbitration award under this Clause. The small claims court will conduct its hearing under its own rules.

Waivers: If you start an Arbitration or we demand an Arbitration of a Claim you bring in court, you give up your right to: (i) have a court or jury decide the Claim; (ii) bring the Claim as a private attorney general or representative of other parties; (iii) without our consent, join the Claim with claims of other consumers; or (iv) engage in a class action or class Arbitration as a class representative or class member. But, see "Invalid Terms" as to public injunction Claims.

Invalid Terms: (i) You must give us written notice and at least 30 days to cure any problem that might prevent an Arbitration of a Claim. We may waive any rights or amend this Clause at any time without your consent, solely to cure any such problem or to give you more rights and/or less duties. (ii) If any part of this Clause is held invalid, generally the rest of this Clause will continue to apply. (iii) But, if a court rules that the Neutral can decide a Claim on a class or other representative basis and the ruling becomes final after all appeals, only this sentence will apply and the remainder of this Clause will be void. (iv) And, if you bring a Claim for public injunctive relief and a court enters an order, not subject to further appeal, that the limits on representative Claims are invalid regarding such Claim, such Claim will be decided in court, and any individual Claims for monetary relief will be arbitrated. In such a case, the parties will ask the court to stay the Claim for public injunctive relief until a court has entered the Arbitration award as to individual relief.

17.7. Applicable Law

Use of the Platform involves interstate commerce. Thus, the Federal Arbitration Act (the "FAA") governs this Clause. The Neutral must apply substantive law and comply with the FAA. The Neutral must honor statutes of limitation and privilege rights. As to punitive damages, the Neutral must honor constitutional standards that apply in court.

17.8. Arbitration Procedures

The Neutral shall be bound by the terms of this arbitration provision. The Arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the AAA, as modified by this Arbitration provision. The AAA Rules are available online at www.adr.org or by writing to the Notice Address. The AAA shall administer the Arbitration. If the AAA is unavailable or unwilling to administer the Arbitration in accordance with this arbitration provision, the Arbitration will be administered by another Arbitration provider that the parties agree to or that the court selects ("Manager").

As in court, you and Company agree that any counsel representing someone in Arbitration certifies that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including a certification that the Claim or the relief sought is neither frivolous nor brought for an improper purpose. The Neutral is authorized to impose any sanctions available under the AAA Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law against all appropriate represented parties and counsel.

Unless the Company and you agree otherwise, any Arbitration hearings will take place in the county (or parish) of your residence at the time of the filing of the Claim. If you bring a Claim for $10,000 or less, we agree that you may choose whether the Arbitration will be conducted solely on the basis of documents submitted to the Neutral, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Neutrals may consider rulings in prior Arbitrations involving different Company users, but a Neutral's ruling will not be binding in proceedings involving different Company users.

Unless the parties agree otherwise, you and we must bring all directly related Claims in a single Arbitration proceeding. If you or we later initiate a subsequent Arbitration asserting Claims that are directly related to ones that were raised in a prior Arbitration between the same parties, the AAA or the Neutral shall either (i) consolidate the subsequent Arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent Arbitration that would be barred by applicable law if brought in court.

Regardless of the manner in which the Arbitration is conducted, the Neutral shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in Section 17.10, the Neutral can award the same damages and relief that a court can award under applicable law. Although under some laws Company may have a right to an award of attorneys' fees and expenses if it prevails in an Arbitration, Company agrees that it will not seek such an award unless you are represented by an attorney and the Neutral has determined that your Claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).

Cost Reduction Measures: To the extent possible, Neutrals must try to limit costs and burdens on the parties. Thus, where possible, Neutrals must employ the following measures (the "Cost Reduction Measures"): (i) conduct document-only Arbitrations, without oral argument or an in-person hearing; (ii) allow the parties to introduce any needed testimony through excerpts from recorded depositions of party witnesses; (iii) conduct any necessary hearing virtually or by conference call; (iv) hold any in-person hearing at a place reasonably convenient to you and us; and (v) follow expedited procedures. Where possible, a Process Neutral shall decide how to apply the Cost Reduction Measures.

17.9. Fees and Costs

The AAA, a Process Neutral or the Neutral in your Arbitration will decide each party's share of fees and costs for Arbitrations. But, we will pay all Arbitration fees and costs required by law or required to enforce this Clause. If you win an Arbitration you start, we will pay your reasonable fees and costs for attorneys, experts and witnesses if required by law or required to enforce this Clause. The Neutral need not limit a fee award because your Claim is for a small amount.

Unless it would conflict with law or make this Clause invalid:

  • A party is entitled to its reasonable fees and costs if the other party brings or defends a Claim for any improper purpose, including to harass the injured party, cause unnecessary delay or increase costs to the injured party.
  • At any time after the Claimant gives a Claim Notice (including before any Arbitration begins), either party may make a written offer to settle the Claim. If the settlement offer is rejected but the Neutral's award is no better to the rejecting party, then that party must bear its own post-offer legal and Arbitration fees and costs. Also, the rejecting party must pay the other party all reasonable post-offer Arbitration fees and costs the other party incurs but not any amount that exceeds the amount you would otherwise receive in the Arbitration.
  • The party who receives a settlement offer may only disclose it to support a claim for relief under subsections (i) or (ii) of this "Fees and Costs" section.

17.10. Requirement of Individual Arbitration

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Company agree otherwise, the Neutral may not consolidate more than one person's Claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The Neutral may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Company users. Neither you nor we may seek non-individualized relief that would affect other Company users. If (after exhaustion of all appeals) a court decides that any of this Section's limitations are unenforceable as to some aspect of the case, then all other aspects of the case must be arbitrated first. After completing Arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

17.11. Administration and Requirements of Mass Claims

Despite any language in this Clause to the contrary:

  1. If you and/or your counsel know or have good reason to believe that there are or will be Mass Claims, you must comply with the "Pre-Filing Rules" and the Mass Claims Requirements before filing any lawsuit or Arbitration.
  2. At any time, upon our request or the request of the Mass Claimants (the two "Sides"), the AAA shall appoint a Neutral (a "Process Neutral") to decide any scheduling, discovery, or other process issues the two Sides cannot resolve through discussion. Decisions of the Process Neutral are not subject to appeal.
  3. No Mass Claimant may file any Mass Claim in court or an Arbitration until 210 days run from the first delivery of a Notice by a Mass Claimant or, if earlier, until counsel for the Mass Claimants ("Mass Claims Counsel") certifies in writing that the Pre-Filing Period has run for all or substantially all the Mass Claims.
  4. Once this no-filing period ends, each Side will select up to 10 Mass Claims for individual Arbitrations under this Clause ("Initial Arbitrations").
  5. Soon after all Initial Arbitrations have ended (or sooner if both Sides agree), both Sides will engage in a single mediation of all remaining Mass Claims (the "Mediation"). We will pay the mediator fees. If the two Sides cannot agree on a mediator within 30 days, AAA, the Manager, a Process Neutral, or a court will appoint the mediator. Both Sides must cooperate to schedule the Mediation soon after the mediator is appointed.
  6. If the two Sides do not settle all Mass Claims within 30 days after the end of the Mediation, either Side (the "Elector") may give a written notice to the other Side (the "Receiver") within 60 days after the end of the Mediation (a "Group Election"). The Group Election must state that, in the Elector's view, the Claims of the remaining Mass Claimants (the "Remaining Claimants") include common issues best resolved through Arbitrations among groups of Mass Claimants ("Qualifying Groups") and us ("Group Arbitrations").
  7. If either Side makes a Group Election, the Elector and Receiver must try in good faith to agree: (a) whether Group Arbitrations are warranted; (b) if so, how many Remaining Claimants should be in each Qualifying Group; and (c) how Mass Claimants should be assigned to Qualifying Groups. If the two Sides cannot agree on the above matters in this subsection within 30 days, a Process Neutral will decide.
  8. Before the Remaining Claimants start any Group Arbitration, the two Sides will ask AAA how much it will charge for Group Arbitrations. Neither Side shall start a Group Arbitration before 30 days have run from the time AAA gives the two Sides final price data for Group Arbitrations.
  9. No Neutral in a Group Arbitration may decide any class Claim or any Claim for a public injunction.
  10. The Process Neutral will decide how the two Sides will share the Neutral's fees and charges in each Group Arbitration (or else the Neutral in each Group Arbitration will decide), without regard to AAA Rules that would otherwise apply. But, we will ordinarily bear at least 50% of such fees and charges.
  11. If neither Side makes a Group Election and Mass Claims Counsel certifies that individual issues predominate over common issues for all your Claims, you may bring a lawsuit against us to resolve any remaining Claims. In such an event, you may not bring an arbitration against us. But, we may still elect an Arbitration of any Claims other than public injunction claims if you try to assert in court any Claims on a class or representative basis.
  12. If: (a) neither Side makes a timely Group Election within 60 days from the end of the mediation after the Initial Arbitrations; (b) either Side makes a timely Group Election and AAA provides final price data for Group Arbitrations; or (c) Mass Claims remain after the final Group Arbitrations, within 30 days after any such event either Side may give written notice to the other Side (a "Manager Rejection Notice") that it elects for Neutrals ("Further Neutrals") to conduct any further Single Arbitrations or Group Arbitrations ("Further Arbitrations") without help from AAA. In such an event, the two Sides will agree on Further Neutrals or the Process Neutral will appoint such Further Neutrals (or, failing that, a court will appoint such Further Neutrals). The Process Neutral (or court) should try to appoint qualified Neutrals who charge no more than the amount Neutrals charge for AAA mass Arbitrations. Once a Further Neutral has been selected and retained for a Further Arbitration, such Further Neutral will start and conduct such Further Arbitration per this Clause and such further procedures as such Further Neutral shall adopt with due regard to the AAA Rules.
  13. Each Side may introduce in any Initial Arbitration or Further Arbitration prior recorded live testimony from any other Arbitration of a Mass Claim.
  14. The Neutral hearing any Mass Claim shall limit Mass Claimants from obtaining new and duplicative discovery from us by, among other things, allowing discovery obtained from us in any Arbitration of a Mass Claim to be used by all of the Mass Claimants in any other Arbitration or lawsuit between a Mass Claimant and us.
  15. Absent your and our written consent, no person may serve as Neutral for more than one Initial Arbitration or Further Arbitration involving the Mass Claimants.
  16. You agree that Mass Claims Counsel will act for you and all other Mass Claimants.
  17. The statute of limitations on any Claim you bring will not run from the time you file a proper Claim Notice until you are first allowed to start a lawsuit or Further Arbitrations.
  18. While the Mass Claims Rules are designed to resolve Mass Claims fairly, quickly, and efficiently, you understand that your Claim may not be selected for an Initial Arbitration or resolved in a Group Arbitration. You further understand that, in some cases, the resolution of any Mass Claims you assert may be delayed by these Mass Claims Rules.

If this Section applies to a Notice, the Informal Resolution Period for the Claims and relief set forth in that Notice will be extended (including the tolling of any applicable statute of limitations or contractual limitations period for the Claims and requested relief) until that Notice is selected for a staged proceeding, withdrawn, or otherwise resolved.

This Section and each of its requirements are intended to be severable from the rest of this Clause. If, after exhaustion of all appeals, a court decides that the staging process in this Section is not enforceable, then the cases may be filed in Arbitration, and the payment of AAA fees will be assessed as the Arbitrations advance and Neutrals are appointed rather than when Arbitrations are initiated.

17.12. Future Changes to Agreement to Arbitrate

Notwithstanding any provision in these Terms of Service to the contrary, if Company makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), you may reject any such change by sending us written notice via U.S. mail within 30 days of the first notice of the change to the Notice Address Above. Include your name, address, phone number, account name, and a statement personally signed by you that you wish to reject the changes to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and the Company in accordance with the language of this arbitration provision.

18. SUBSCRIPTION AND BILLING TERMS

18.1. One-Time Service Fees

Services are available for a one-time license fee. If you are not satisfied with your purchase, please contact us within 30 (thirty) days from the original date of purchase to discuss your concerns. If we cannot solve your concerns, we may provide you with another search, at no additional cost to you.

18.2. Membership Service Fees

If you sign up for our monthly membership or other subscription term you select ("Membership Service") to conduct searches during the term of membership you select, your Membership Service will continue and automatically renew at the end of each billing period (e.g., every 30 days for monthly memberships) using the billing information you provide (your "Billing Account") unless and until you cancel. You agree to pay Company all charges on a recurring basis for each renewal term at the prices then in effect for your use of the Membership Service using your Billing Account, and any applicable taxes, and you authorize Company to charge your chosen payment provider (your "Payment Method") for the Membership Service. You agree to make payment using that selected Payment Method on a recurring basis. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Company does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by credit card, we may re-present such uncleared or rejected payment to your Payment Method Provider. Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. Because of the user access granted to you during the period of membership, all monthly charges are NON-REFUNDABLE regardless of the amount of time left on your monthly term. If you cancel a longer subscription term membership you may receive a pro-rata refund based upon any full months left on your term. Partial month refund requests are not granted. All prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.

18.3. Sales are Final

All purchases made through the Platform are final. All fees and charges are non-refundable. No refunds will be issued, and no credits will be provided, except where (i) expressly required by applicable law, or (ii) expressly permitted under these Terms of Service, including any service remedies described elsewhere herein, or (iii) expressly authorized by Company in writing at the time of purchase.

18.4. Promotional Offers

If you enroll in a free or discounted trial or other promotional offer, your trial or promotional period will continue for the duration disclosed at the time of sign-up (the "Trial Period"). Unless you cancel before the Trial Period ends, your subscription will automatically convert to a paid subscription subject to automatic renewal at the end of the Trial Period, and your payment method on file will be charged at the then-current subscription rate, plus applicable taxes and fees.

Promotional offers, including free or discounted trials, are limited to one (1) per individual, account, email address, device, or payment method, unless expressly stated otherwise by Company. You agree not to access or attempt to access multiple Trial Periods or promotional offers through the use of multiple accounts or other means.

If you previously used a Trial Period or promotional offer and later reactivate or resubscribe to the Services, your subscription will be activated at the then-current standard subscription rate, and no additional Trial Period or promotional offer will apply unless expressly offered by Company.

Company reserves the right to charge the applicable standard subscription fee for any additional Trial Periods or promotional offers used in violation of this Section.

18.5. Automatic-Renewal

  • Consent. By subscribing to our Services, you consent that your subscription is subject to automatic renewal under the conditions specified in this section. Unless you cancel your subscription as provided below, your subscription will automatically renew at the end of the billing term, and you authorize us to charge your payment method on file for the subsequent renewal term.
  • Cancellation of Auto Renewal. You may cancel your subscription to avoid automatic renewal by navigating to your Account Settings and selecting Cancel Subscription. Cancellation requests must be received prior to the expiration of the current subscription term to avoid charges for the subsequent term.
  • Material Changes to Auto Renewal Terms. Company reserves the right to modify the terms related to auto-renewal at its discretion, including the right to increase pricing. Any material changes will be communicated to you via email and will be posted in the updated Terms of Service on the Platform prior to the changes taking effect. Continued use of the Services following such notification constitutes acceptance of the modified terms.

For questions or concerns regarding the auto-renewal of your subscription, or if you need assistance in managing your subscription, please contact Company at [email protected].

19. SEVERABILITY

If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Service will remain in full force and effect.

20. CONTACT US

If you have any questions about these Terms of Service, please contact us at [email protected].