Terms of Service

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

Welcome to InfoPay.com, a public records search service provided by InfoPay.com ("we", "us"). By indicating your acceptance of the following terms of service agreement ("Terms"), you agree to be bound by and comply with its terms. Accordingly, you should review these Terms thoroughly. If you do not agree to comply with the terms of these Terms, you should not indicate your acceptance of it, and should not use InfoPay.com. You cannot purchase InfoPay.com services until you have indicated your acceptance of these Terms.

We may revise and update these Terms from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Terms on the InfoPay.com website.

Registration

You must be 18 years of age or older to use InfoPay.com and purchase any InfoPay.com services. Any offers of sale are only intended for individuals who are 18 years of age or older. By using InfoPay.com or purchasing InfoPay.com services, you affirm that you are 18 years of age or older.

You agree to provide accurate, current, and complete information during the registration process ("Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.

You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.

Billing Policies; Cancellation

Billing Policies

Payment of fees for purchases of InfoPay.com services must be made with current and valid payment method information ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may refuse your use of InfoPay.com and, where applicable, suspend or terminate your subscription.

Fees will be billed to the payment method provided as part of your Payment Information. For subscriptions, fees will be billed on a recurring monthly basis. For single report and one-time billing package purchases, fees will be billed on a one-time basis.

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.

Trial Periods

We may offer you access to either free or paid trial uses of InfoPay.com services. If you choose a paid trial, the trial fee will be immediately billed to the payment method provided as part of your Payment Information. Your subscription will begin following the expiration of the free or paid trial period, and fees for your subscription will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis.

Cancellation

You may cancel your InfoPay.com account and subscription at any time. To cancel your trial subscription before incurring your first recurring charge, or to cancel your full paid subscription, use the "Cancel" option on the Account Details page of your account. You may also cancel your account by contacting us at (800) 433-0567, 7 days a week between 8:00 AM and Midnight EST, or via email at support@InfoPay.com. Please note that subscription fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.

License and Conditions of Use

Conditioned on your compliance with these Terms and fulfillment of any applicable payment obligations, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use InfoPay.com. We reserve all rights of ownership in and to InfoPay.com not expressly granted to you.

You may not use InfoPay.com or any information or data you may receive through use of InfoPay.com ("Data") in any manner that violates any applicable law or regulation, or in any manner inconsistent with these Terms. Specifically, you agree that you shall not use Data to engage in stalking or harassing of any individual, requesting information under false pretenses, or identify theft. You further agree that you shall not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify InfoPay.com in any manner or form, (iii) copy, distribute, or create derivative works based on the InfoPay.com Content (as defined below), (iv) exploit the InfoPay.com Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey InfoPay.com or any elements thereof.

Your violation of any terms of these Terms may result in automatic termination of the licenses granted hereunder and your right to use InfoPay.com. We reserve the right at any time to modify or discontinue, temporarily or permanently, InfoPay.com (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.

Available Searches

The searches available to you are determined by the trial period or subscription level you choose. They may include Background Report, Arrest/Warrant Search, Criminal Records Search, Sex Offender Search, People Search by Name, People Search by Address, Reverse Phone Lookup, Reverse Email Lookup, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, Property Records Lookup, Asset Search, and Business Name Search. Please note that the available searches may change without notice.

You agree and understand that the availability of a search does not necessarily mean the resulting report will yield correct or relevant results, or any results at all.

FCRA Notice

InfoPay.com is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined by the FCRA. The Data or other information provided on InfoPay.com has been obtained by us as a result of being publicly available to us for our possession, use and dissemination. You are EXPRESSLY PROHIBITED from using InfoPay.com or any Data to determine an individual’s suitability for: (1) Employment, promotion, reassignment or retention; (2) Insurance; (3) Personal credit; (4) Education, scholarships or fellowships; (5) Housing or other accommodations; or (6) Any benefits, privileges or services provided by any business establishment. You agree and acknowledge that your use of Data for any such purpose may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless InfoPay.com and its parents, subsidiaries, officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys’ fees) or liabilities of whatever nature of kind, due to or arising out your use of InfoPay.com or Data in violation of the FCRA.

DPPA Notice

Prior to conducting a motor vehicle records search and/or accessing the results of any motor vehicle records search, you will be required to select the purpose of your use of such records from the list of purposes permitted under the Driver’s Privacy Protection Act of 1994 ("DPPA"), 18 U.S. Code § 2721 et seq., as amended. You understand, agree, acknowledge, and affirm under the penalty of perjury under 28 U.S.C. 1746 that you may only request, obtain, and use motor vehicle records made available through InfoPay.com for a permitted purpose. You understand, agree, and acknowledge that your use of motor vehicle records for any purpose other than a DPPA permitted purpose listed above may subject you to criminal fines for non-compliance and to civil liability in the form of a private right of action, including actual and punitive damages, as well as attorneys’ fees. You agree to indemnify, defend, and hold harmless InfoPay.com 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 of kind, due to or arising out your violation of the DPPA.

Copyrights and Trademarks

Except with respect to images that are in the public domain or otherwise publicly available, InfoPay.com and its content, including but not limited to any and all text, graphics, images, photographs, and computer code (collectively "InfoPay.com Content") is owned by InfoPay.com and/or its related companies or licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. InfoPay.com and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the InfoPay.com Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the InfoPay.com Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the InfoPay.com Content. You may not to alter or delete any proprietary notices from InfoPay.com Content downloaded or printed from InfoPay.com.

InfoPay.com and the InfoPay.com logo are trademarks of InfoPay.com and/or its related companies, and any use of such marks without prior express written permission is hereby strictly prohibited.

Representations And Warranties

You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of InfoPay.com and Data will comply with all applicable laws, including but not limited to the FCRA and DPPA, and will not violate the rights, including intellectual property rights, of any third party.

Disclaimers

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, InfoPay.COM PROVIDES ALL SERVICES AND INFORMATION "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. InfoPay.COM MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, InfoPay.COM 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.

InfoPay.COM 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, InfoPay.COM. YOUR USE OF InfoPay.COM IS SOLELY AT YOUR OWN RISK.

The information presented on InfoPay.com is sourced from records made freely and publicly available by state and local offices, agencies, or departments. InfoPay.com does not warrant or guarantee that the information presented is current or accurate, and you therefore should not use InfoPay.com to verify any individual’s arrest, booking, or criminal records. For the most recent information regarding any record presented on InfoPay.com, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON InfoPay.com ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.

InfoPay.com is not affiliated with the United States Government or any federal or state government agency

Limitation of Liability

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

InfoPay.COM, 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, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY DATA OR OTHER INFORMATION MADE AVAILABLE VIA InfoPay.COM. 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 InfoPay.COM WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.

Indemnification

You agree to indemnify, defend, and hold harmless InfoPay.com and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from and against any third party claims, demands, expenses (including reasonable attorneys’ fees) or liabilities of whatever nature of kind, due to or arising out of your use of InfoPay.com, the Data, your violation of these Terms, or your violation of any rights of another.

Termination

We reserve the right to terminate or restrict your account and/or access to InfoPay.com 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 InfoPay.com. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

Arbitration

Any dispute concerning InfoPay.com, any InfoPay.com services, Data, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.

General Conditions

These Terms constitute the entire agreement between you and us, and governs your use of InfoPay.com, 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.

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.