Date of last revision: December 17, 2015
CriminalRecords.com provides access to the public records criminal and background information services ("Services") on the CriminalRecords.com website at http://www.criminalrecords.com (along with all subdomains, collectively, the "Site").
You may not use this Site if you are not of legal age to form a binding contract with CriminalRecords.com. If you are under 18 years old, you must leave this Site immediately.
CriminalRecords.com reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at http://www.criminalrecords.com/termsofuse. CriminalRecords.com will post a notice on its home page that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes.
1. Access to CriminalRecords.com. Subject to these Terms of Service (including your payment of applicable fees), and upon registration, CriminalRecords grants you a limited, revocable, nontransferable, nonexclusive license to access and use our database search services (“Services”) and the information contained in the databases, solely for the purpose of performing lawful data verification, person, property and address location and related searches solely for your own internal uses in compliance with these terms and conditions. The information available via our Services is currently restricted to U.S. customers and information only. Any and all access to our servers is conditioned upon strict compliance with these Terms of Service.
In order to use the Services, you must register for an account with us and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may cancel your account at any time, and for any reason, by following the instructions on the Website. We may suspend or terminate your account in accordance with these Terms of Service.
You shall be responsible for ensuring the security and confidentiality of your username and password. You shall not transfer such username and password. Your username and password may only be used to access the Services during one (1) concurrent login session by you. You agree not to allow any third party to use your username or password. You shall notify us promptly of any actual or suspected unauthorized use of your username or password or any other breach or non-compliance with these Terms of Service. You acknowledge and agree that you will be fully responsible for all liabilities incurred through use (whether lawful or unlawful) of your username and/or password.
2. General Restrictions. You agree to use our information only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18. Information shall not be provided or resold to any other person or entity without our prior written consent. Systematic access to or any extraction of content from our databases, including the use of "bots", "spiders" or "scraping" technology within a browser or browser-like program is strictly prohibited.
We prohibit caching, unauthorized hypertext links to the Website and the framing of any content available through the Website. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the CriminalRecords databases to anyone without our express prior written consent. You may not: (a) use or permit the use of data accessed via the service to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of the Website for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party. All searches of our databases are tracked, and (as noted below) you consent to such tracking and to the provision of all information about your use of our databases to law enforcement and others as may be useful to respond to allegations that our service or information has been misused. The data available from the Services is not intended to be used in legal proceedings.
3. Additional Restrictions. In the event of using this service for criminal or civil background checks, you should not assume that this data provides a complete or accurate history of any person's criminal or civil history. You should consult state and federal laws before using this information in making decisions on hiring or firing of employees. CriminalRecords cannot offer legal advice on how to use the information contained in criminal or civil background reports, and is not responsible for any action taken by the customer based on this information. Customers should use extreme caution when interpreting the results of a criminal or civil background search for any type of personal verification. Positive or false matches in criminal or civil searches may not provide confirmation of an individual's criminal or civil background. Proper use of these reports is the responsibility of you, the customer.
CriminalRecords will use reasonable efforts to deliver the information services to its customers, and to compile information gathered from selected public records and other sources; provided, however, customer accepts all information "AS IS".
4. FCRA Restrictions. We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the CriminalRecords databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE ANY OF OUR INFORMATION AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).
5. Misuse. In the event that CriminalRecords suspects that the CriminalRecords databases or our information has been misused, we will contact our suppliers and/or law enforcement agencies (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of its information (including search key data) for such investigative purposes. You further agree to fully cooperate with all audits of our customers and our systems generally. CriminalRecords reserves the right to cancel or not offer its service to any user that it deems is inappropriately using its services.
6. Minors. Minors (i.e., those under 18 in most states) are not eligible to use our Website or our Services.
7. Fees and Refund Policy. Fees for use of CriminalRecords are posted on the various search pages. You agree to pay the fees associated with your use of the CriminalRecords databases by providing us with a valid credit card.
When you provide a payment source to us, you certify that you are an authorized user of the credit card. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
You understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. We further reserve the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete any search. You are responsible for (and must pay for) all use of our databases made by individuals using your account.
If you suspect that unauthorized use of your account is taking place, you must notify us immediately so that we may take action to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
Your satisfaction is important to our business. If you are not satisfied with your purchase, our Customer Support team will be happy to assist you.
8. Disclaimer Of Warranties. The information in the CriminalRecords databases has been compiled from public records and other proprietary sources for the specific purposes of (1) locating individuals, property and businesses, and/or (2) providing general background information about individuals and businesses for verification purposes. Neither CriminalRecords nor any of our data suppliers represents or warrants that the Information is current, complete or accurate. CriminalRecords HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES AND INFORMATION ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND NEITHER WE NOR ANY OF OUR DATA SUPPLIERS REPRESENTS OR WARRANTS THAT THE INFORMATION IS CURRENT, COMPLETE OR ACCURATE. You assume all risks associated with the use of our databases and information.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.
10. Links. We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, services or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any third parties.
11. Indemnification. You agree that you shall indemnify and hold harmless CriminalRecords, its officers, directors, employees and agents, and all entities that have contributed information or data to, or provided services, for the Service, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising in any way out of your use of the Service or of our databases or of the information and data contained therein. We will promptly notify you of any such claim.
12. Communication. CriminalRecords primarily uses email to communicate with its customers. All purchase receipts, confirmation notices, and welcome messages are delivered through electronic communications. CriminalRecords may periodically communicate service and other suitable updates with its customers via email.
13. Term. We may terminate or suspend your access to this Website, our Services and your account immediately, without prior notice or liability, if you breach any of these Terms of Service. The terms of sections 4, 5, 8, and 11 shall survive termination. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from CriminalRecords until all copies of that information are destroyed by you.
14. Other Terms. This Agreement shall be governed by California law. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The terms and conditions set forth here constitute our entire agreement, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect.
15. Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. In any legal proceeding relating to your use of the CriminalRecords.com databases, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under or relates to your use of the CriminalRecords.com databases shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.