Last Updated: October 27, 2017
Capitalized terms within this Agreement shall have the meanings set forth below.
1.1 “Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
1.2 “Customer Data” means data furnished by you, whether created in-house or sourced from one or more third-parties, to be used in conjunction with or collected by the Service. Customer Data may include, without limitation, search subject information such as name, address, or social security number.
1.3 “Results” means output generated from the use of the Service.
- THE SERVICE
2.1 Search Services. USA Trace provides a search of public records and publicly available sources of information that are subsequently aggregated for your convenience into report form by third-party fulfillment. The search reports are provided for informational purposes only. While data sources are constantly updated and refined, we do not represent or warrant that the results provided will be 100% accurate or up to date and, as such, USA Trace shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information provided. USA Trace does not make any representation or warranty as to the character or the integrity of the person who is the subject of any people searches.
Services may include:
- Social Security Number (SSN) Searches.You may submit a person search on the basis of a full subject name and (partial) social security number. Returned reports may include such information as name, AKAs, phone, current address, month and/or year of birth, relatives, and criminal records.
- Address Searches.You may submit a person search on the basis of a full subject name and last known (partial) address (state may be required). Returned reports may include such information as name, AKAs, phone, current address, month/year of birth, relatives and criminal records.
Upon request of a search, you will receive preview information to ensure that the correct person has been identified. If the preview information provided is insufficient for you to determine that the search service has identified the correct individual, there is no obligation to purchase a report.
Notwithstanding anything to the contrary herein, USA Trace may change features of the Service and their implementation at its sole discretion.
The extent of information provided in criminal records for each state varies and is governed by the laws of each individual state. Only final convictions will be provided. Information on arrests, deferred disposition, or cases that are considered open or undisposed are not provided because such cases are not considered final convictions.
2.2 Your Use of the Service. You may access and use the Service solely in accordance with this Agreement, and in no instance in any manner not originally contemplated herein. You shall at all times adhere to any acceptable use policies published and/or modified by USA Trace from time to time. Failure to adhere to such policies shall be a breach of this Agreement.
2.3 Use of Results. USA TRACE IS NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES THEREUNDER ARE NOT CONTEMPLATED BY, CONTAINED WITHIN, NOR TRIGGERED BY YOUR USE OF THE SERVICES PURSUANT TO THESE TERMS AND CONDITIONS.
You may not use any information obtained from these searches in connection with determining a prospective candidate’s suitability for:
- Credit and/or Loan Eligibility;
- Health insurance or any other insurance;
- Employment or Screening Services;
- Determination of any type of insurance coverage;
- Education, Scholarships, or Fellowships;
- Housing or Other Accommodations;
- Benefits, Privileges, or Services whether inside of outside of the household; or
- Employment Screening inside or outside of the household.
Further, by utilizing any services linked to USA Trace, you agree and warrant that:
- The Services you have requested are only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations;
- You will not use the Services or information derived from the Services in combination with any purpose or personal information covered under the Gramm-Leach-Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), Driver’s Protection Policy Act (DPPA), or the Children’s Online Privacy Protection Act (COPPA);
- You will not use the Services to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable state law;
- You will not use the Services or information derived from the Services to embarrass, bother, stalk, bother, harass, or threaten any individual.
- You are over the age of majority in your jurisdiction;
- You will not use the Services or any Results for any harmful, negligent, or illegal activities whether directly or indirectly; and
- You will abide by all rules and federal and state laws governing use of Results.
2.4 Information Not Included in Results. The following shall NOT be included in Results:
- Banking Information
- Personal or Highly Restricted Personal Information from DMV records (DPPA)
- Criminal cases without a final disposition
- Wants and Warrants
- Medical Records
- Military Records
- E-Mail addresses (not related to “public record information”)
- Employment History
- Full SSN’S (Highly Restricted Personal Information)
- Full DOB’S (Highly Restricted Personal Information)
- Full DL#’S (Highly Restricted Personal Information)
- Unlisted Phone Numbers
- Credit Reports/Credit History (although you may be given information on judgments/liens/bankruptcies)
3.1 Ownership. USA Trace or its vendors owns all worldwide right, title and interest in and to the Services and all derivatives thereof, and all worldwide intellectual property rights therein. This Agreement does not grant Customer any intellectual property license or rights in or to the Service or any of its components. Customer recognizes that the Service and its components are protected by copyright and other laws.
- WARRANTIES AND DISCLAIMERS
4.1 Warranty Disclaimer. The Services are provided “as-is”. No representations have been made with respect to the accuracy or existence of Results. The absence of Results, Results not being as expected, Results being incomplete, and/or Results being incorrect shall in no case give rise to any claim of liability and shall not constitute a breach of this Agreement.
You shall use Results AT YOUR OWN RISK. Some Results are based on data analytics from incomplete or otherwise imperfect data. You are urged to independently verify any Results, as their accuracy is in no way guaranteed.
Customer assumes sole responsibility and liability arising from the use of Results obtained from the Service and for conclusions drawn therefrom. Neither USA Trace nor its providers shall have any liability for any claims, losses, or damage caused by errors or omissions in any information provided to USA Trace by Customer in connection with the Services.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, USA TRACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE. WITHOUT LIMITING THE FOREGOING, USA TRACE DISCLAIMS ANY WARRANTY THAT THE SERVICEs WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. USA TRACE FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICEs AS TO MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED, OR FITNESS FOR A PARTICULAR PURPOSE. USA TRACE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USA TRACE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.
4.2 Third Party Fulfillment. Some or all of the Services may be fulfilled by USA Trace’s third-party providers. YOUR USE OF THE SERVICES SIGNIFIES YOUR AGREEMENT TO THIS, AND IS SUBJECT TO ANY TERMS OF FULFILLMENT WITH SAID THIRD-PARTY PROVIDERS. USA Trace will make commercially reasonable efforts to assist you with any inquiry you may have in this regard.
- ADDITIONAL CUSTOMER RESTRICTIONS AND OBLIGATIONS
5.1 Acceptable Use. Customer will comply with this Agreement and any acceptable use policies published or otherwise made available by USA Trace. Customer will not: a.) use the Service or Results for service bureau or time-sharing purposes or in any other way allow third-parties to exploit the Service or Results; b.) provide Service passwords or other login information to any third-party; c.) share non-public Service features, content, or Results with any third-party; or d.) access the Service in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Service, or to copy any ideas, features, functions or graphics of the Service. In the event that it suspects any breach of the requirements of this Section 5.1, USA Trace may suspend Customer’s access to the Service without advanced notice, in addition to such other remedies as USA Trace may have. Neither this Agreement nor any acceptable use policies requires that USA Trace take any action against Customer or any other third-party for a violation thereof, but USA Trace is free to take any such action it sees fit. If Customer is an individual, Customer’s use of the Services shall be solely for Customer’s personal, internal purposes.
5.2 Unauthorized Access. Customer will take reasonable steps to prevent unauthorized access to the Service, including without limitation by protecting its passwords and other login information. Customer will notify USA Trace immediately of any known or suspected unauthorized use of the Service or breach of its security and will use best efforts to stop said breach. Customer is entirely responsible for any and all activities that occur under its passwords and login information.
5.3 Registration Requirements. Customer represents, warrants, and agrees that it is of legal age to form a binding contract and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. Customer represents, warrants, and agrees to will provide true, accurate, current and complete information about itself as prompted by the personnel and processes of Company or its third-party search fulfillment companies.
5.4 Accuracy of Search Terms. Customer is solely liable for the accuracy of its inputs and correctness of its search terms.
5.5 Indemnification by Customer. Customer hereby agrees to indemnify and hold harmless, USA Trace against any claim, action, or liability arising from or related to any material breach of any term, warranty, or representation made by Customer herein.
- LIMITATION OF LIABILITY
6.1 Liability Limits. IN NO EVENT SHALL USA TRACE OR ITS PROVIDERS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE.
Notwithstanding any other provisions of this Agreement, in no event shall USA TRACE’S OR ITS PROVIDERS’ aggregate liability to Customer in connection with this Agreement OR CUSTOMER’S ACCESS TO AND USE OF THE SERVICES, exceed $100.
6.2 Acknowledgment. The Parties acknowledge that the limitations and exclusions contained in this Section 6 and elsewhere in this Agreement have been the subject of negotiation between the Parties and represent the Parties’ agreement based upon the perceived level of risk associated with their respective obligations under this Agreement, and the payments made hereunder. Without limiting the generality of the foregoing, the Parties acknowledge and agree that a.) the provisions hereof that limit liability, disclaim warranties or exclude consequential damages or other damages or remedies shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach hereunder, and b.) all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause an exclusive remedy to fail of its essential purpose.
- TERM AND TERMINATION
7.1 Term. The term of this Agreement (the “Term”) will commence on the date you first use the Services and shall continue in effect for the duration that you use the Services or any Results.
7.2 Termination for Breach. Either Party may terminate this Agreement should the other Party fail to cure a material breach of its terms within fifteen (15) days of receiving written notice thereof.
7.3 Termination for Convenience. USA Trace may terminate this Agreement for any reason or no reason, at its sole discretion, by providing Customer with not less than seven (7) days advanced written notice thereof.
7.4 Effect of Termination. Upon termination of this Agreement, Customer will cease all use of the Service and delete, destroy, or return all copies of the Results in its possession or control.
7.5 Survival. The following sections shall survive the termination of this Agreement for any reason: 3, 4.1, 5, 6, 7.4, 7.5, 8.2, 8.3, and 9. Further any provisions that must survive to fulfill their essential purpose shall do so.
- CUSTOMER DATA AND PRIVACY
8.1 Use of Customer Data. Unless it receives Customer’s prior written consent, USA Trace: a.) will not access, process, or otherwise use Customer Data other than as necessary to provide the Service; and b.) will not intentionally grant any third-party access to Customer Data, except third-party providers that USA Traces engages to provide some or all of the Services. Notwithstanding anything to the contrary herein, USA Trace may disclose Customer Data to third-party providers as is necessary to provide the Services; and by applicable law or by proper legal or governmental authority. USA Trace will give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer’s expense.
8.2 External Links. The Agreement and any terms incorporated by reference shall apply only to the Service and do not apply to any third-party website or service linked to the Service or recommended or referred to through the Service or by USA Trace’s staff.
8.3 Data Accuracy. USA Trace will have no responsibility or liability for the accuracy of data uploaded to the Service by Customer, including without limitation Customer Data and any other data uploaded by third-parties.
- OTHER TERMS
9.1 Refund Policy. All fees paid pursuant to this Agreement are strictly non-refundable absent explicit written agreement to the contrary.
9.2 Turnaround Time. USA Trace will make commercially reasonable efforts to provide reasonable Services response times. Search Results delivery response times will vary.
9.3 Release. By accepting these terms and conditions you release USA Trace and its Affiliates, including any of its information providers, public or private, from any and all liability. The foregoing release shall include, but not be limited to, losses, damages or injuries in any way connected with the information provided to you by USA Trace, or the dissemination thereof, including but not limited to, inaccurate information, omitted information, or delayed information.
9.4 Contact and Electronic Communications. By accessing the USA Trace website, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes an inquiry establishing a business relationship with us. You expressly consent to our communicating with you about the services available through our website using the Contact Information you provided to us.
9.5 Governing Law. This Agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Virginia, without regard to its conflict of law provisions. Any legal action or proceeding relating to this Agreement shall be brought exclusively in the state or federal courts located in Virginia. USA Trace and Customer hereby agree to submit to the jurisdiction of, and agree that venue is proper in, those courts in any such legal action or proceeding.
9.6 Waiver. The waiver by either Party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
9.7 Notices. USA Trace may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent.
9.8 Severability. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions thereof shall remain in full force and effect.
9.9 Force Majeure. Neither the Parties nor USA Trace’s third-party licensors shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
9.10 Relationship Between the Parties. Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Parties. Neither Party will have the power to bind the other or to incur obligations on the other’s behalf without such other Party’s prior written consent.
9.11 Assignment/Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without USA Trace’s express written consent. USA Trace may assign this Agreement and/or any of its rights or obligations hereunder at its sole discretion. This Agreement will be binding upon and inure to the benefit of the respective permitted successors and assigns of the Parties.
9.12 Entire Agreement. This Agreement constitutes the complete and exclusive agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each Party.
9.13 Non-Exclusive Remedies. Unless expressly set forth as an exclusive and/or sole remedy, the exercise by either Party of any remedy under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
9.14 Equitable Relief. Each Party acknowledges that a breach by the other Party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching Party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching Party may institute an action to enjoin the breaching Party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a Party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching Party may be entitled at law or in equity.
9.15 Headings. The headings in this Agreement are for the convenience of reference only and have no legal effect.
9.16 Amendment. USA Trace may amend this Agreement or any of its privacy and acceptable use policies from time to time by posting an amended version at its website. Such amendment will be deemed accepted and become effective 5 days after such posting (the “Amendment Date”). Customer’s continued use of the Services and/or Results following the effective date of an amendment will confirm Customer’s consent thereto. This Agreement may not be amended in any other way except through a written agreement by authorized representatives of each party.
CUSTOMER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS, AND THAT THE PERSON EXECUTING IT ON ITS BEHALF, IF ANY, HAS BEEN AUTHORIZED TO DO SO.