Terms of Service

1. Contact us

If you have any questions or concerns about this agreement, including questions about refunds, you may contact us 24 hours a day by:

• Emailing us at [email protected]
• Using the live chat on our website at usapublicrecords.org

Welcome to USA Public Records. By accessing or using the USA Public Records website (the "Platform"), in whatever way you access or use it, you agree to be bound by the terms that follow (the "Terms of Service" or the "Agreement"), which form a legally binding contract between the operator of this Platform ("USA Public Records," "Company," "we," or "us") and you, and which govern your use of the Platform.

If you do not understand this Agreement, or do not agree to be bound by it or by our Privacy Policy, you may not access or use the Platform, and you must stop accessing or using the Platform at once.

2. About the services

What we do

USA Public Records provides comprehensive public records and reports, such as property and vehicle records, court records, and public information (together, "Reports") that help you make informed decisions. We obtain our public records and reports from third parties that gather public records from government agencies. Because human error can occur when information is entered into those government records, we accept no liability for such errors and suggest that you confirm information with the appropriate government agency.

What we don't do

The platform is not meant to give you financial, legal, accounting, investment, or related advice of any kind. The reports are public records, and their accuracy is not investigated. We do not create the reports or records and are not able to correct the information reported in them. The reports you access through this platform are not meant to replace professional guidance, including but not limited to legal or investment advice, or to replace the services of a licensed professional. This platform does not provide consumer reports and is not a government-affiliated agency or a consumer reporting agency under the Fair Credit Reporting Act (FCRA). You may not use our service, or the information it provides, to make decisions about consumer credit, employment, insurance, tenant screening, or any other purpose for which FCRA compliance would be required. By accepting these terms you acknowledge that you understand that this service, and the reports you access through it, should not be used in place of professional guidance, including but not limited to legal or investment advice, or in place of the services of a licensed professional.

If you do not understand this Agreement, or do not agree to be bound by it or by our Privacy Policy, you may not access or use the Platform, and you must stop accessing or using the Platform at once.

3. Accessibility

We work to make our services accessible to users with disabilities. If you need an accommodation, please email us at [email protected].

4. Payment terms

You may buy services from USA Public Records either as a one-time payment or by entering into a finite installment arrangement, which divides the total purchase price into a set number of scheduled payments. By choosing an installment option at checkout or otherwise, you acknowledge and agree to all of the following:

Total purchase price and finite payments

The total amount you will pay for the services is set at checkout. If you choose an installment arrangement, the total price is split into a stated number of installments, and once all installments have been paid in full, no further charges will apply.

Valid payment account

To buy services, you must give a valid and current payment method (a "payment account"), such as a credit card or debit card. Some payment methods (for example, PayPal) may be processed by third-party services, and you agree to the terms and privacy policies of those services when you use such options. If your payment account information is insufficient, inaccurate, or out of date, we may decline your transaction and, where applicable, restrict your access to the platform or the services.

Scheduled installment charges

By choosing an installment option, you authorize us to charge your payment account for each installment as it falls due, without asking for further consent for the later charges. All installments will be charged according to the payment schedule set out in your order or checkout confirmation.

Automatic conclusion

Your obligation ends by itself once the final installment has been charged successfully. No further billing will be made beyond the total, fixed price disclosed at checkout.

Late payments and non-payment

If we cannot process a scheduled installment, we may, at our discretion, suspend or limit your access to our services until the amount outstanding is paid. You stay responsible for any installments that are unpaid.

Refund policy

If you are not satisfied with your order, you may ask for a refund for any reason by contacting us by:

• Emailing us at [email protected]
• Using the live chat on our website at usapublicrecords.org

Transaction descriptions

On your payment statements, transactions may appear as "usapublicrecords.org" or under a similar identifier. If you need to update or change your payment account, or if you have questions about installments, please get in touch with us (see "Contact us" above).

Dispute resolution

You agree to resolve any disputes through binding individual arbitration, and you give up any right to a jury trial or to join class action claims (see "Dispute resolution" below).

5. Usage restrictions

You acknowledge that the content may contain personally identifiable information, and that it is your responsibility to keep all such information you access confidential and secure. You agree to delete or destroy all information obtained through our services, whether it is stored electronically or on paper, within ninety (90) days of first receiving it.

6. Use eligibility

You acknowledge that the content may contain personally identifiable information, and that it is your responsibility to keep all such information you access confidential and secure. You agree to delete or destroy all information obtained through our services, whether it is stored electronically or on paper, within ninety (90) days of first receiving it.

7. Platform use

Access rights grant

Subject to your compliance with these terms of service, USA Public Records grants you a non-exclusive, non-sublicensable, revocable (as stated in this agreement), non-transferable right to access and use the platform solely to generate and view reports, and to store them, for your own internal use and for no other purpose. No part of the platform, including any reports you access (one or several), may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or exploited in any other way for any purpose unless we have first given our express written consent. We reserve all rights that this agreement does not expressly grant. Without limitation, this agreement gives you no rights to the intellectual property of USA Public Records or of any other party, except as expressly stated in this agreement. The rights granted to you in this section depend on your compliance with this agreement. Your rights under this section end at once if you have breached any provision of this agreement.

We may, at our sole discretion, set, impose, or enforce limits on your use, or restrict your access to some or all of this platform, or change, discontinue, suspend, or end the availability of some or all of the platform or of any separate feature of it, at any time and for any reason, with or without notice to you. We will not be liable to you for damages of any kind that result from any such action.

Your account

To use certain features of the platform, you may have to register for an account ("account"). When you register for an account, you will be asked to give us information about yourself, such as an email address or other contact information. You agree that the information you give is accurate and that you will keep it accurate and up to date at all times. You will be asked to create a password as well. You alone are responsible for keeping your account and password confidential, and you are responsible for all actions taken through your account. You may not share your user account with other people. If you believe that your account has been used without your permission, you agree to notify us at once (see "Contact us").

No reports investigation

WE ACCEPT NO RESPONSIBILITY TO INVESTIGATE OR VERIFY THE ACCURACY OF ANY REPORTS YOU GENERATE.

Prohibited conduct

USA Public Records places certain restrictions on your use of the platform. The acts below are expressly prohibited:

• Using, or trying to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise gather information from the platform for any use.
• Trying to probe, scan, or test the vulnerability of the platform, or of any associated system or network, or breaching security or authentication measures without proper authorization.
• Interfering, or trying to interfere, with the use of the platform by any other user, host, or network, including (without limitation) by submitting malware or exploiting weaknesses in software.
• Forging, altering, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the platform (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers).
• Trying to modify, reverse-engineer, decompile, disassemble, or otherwise reduce, or try to reduce, to a form a person can perceive any of the source code used by the company parties in providing the platform.

8. Third-party services

The platform may be linked with services of third parties ("third-party services"); some of them may have an established relationship with USA Public Records and some do not. USA Public Records has no control over the content and performance of third-party services. USA Public Records has not reviewed, and is not able to review or control, all of the material, including computer software or other goods or services, that third-party services make available. USA Public Records therefore does not represent, warrant, or endorse any third-party services, nor the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through them.

9. Intellectual property

USA Public Records, the USA Public Records logo, the website domain(s) of USA Public Records, and all content and other materials available through the platform (together, the "company IP") are the trademarks, copyrights, and intellectual property of, and are owned by, USA Public Records or its licensors and suppliers. Neither your use of the platform nor this agreement gives you any right, title, or interest in, or any license to reproduce or otherwise use, the company IP. You shall not at any time, and shall not help others to, challenge the right, title, or interest of USA Public Records in the company IP, or its validity.

10. Claims of copyright infringement

Anyone who believes that their work has been reproduced on the platform through any reports in a way that amounts to copyright infringement may notify USA Public Records in accordance with Title 17, United States Code, Section 512(c)(2), by giving the following information:

• A description that identifies the copyrighted work you claim has been infringed.
• A description that identifies the material you claim is infringing and needs to be removed, including where it is located on the platform, so that the copyright agent can find it.
• Your address, telephone number, and, if available, e-mail address, so that the copyright agent can contact you about your complaint.
• A signed statement that the information above is accurate; that you believe in good faith that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the owner of the copyright or are authorized to act for the copyright owner in this situation.

Send notices of copyright infringement claims to: [email protected]

11. Dispute resolution

This section has a significant effect on how any disputes must be resolved. It applies to the fullest extent that applicable law permits.

Informal resolution

Customer service comes first for us, and we ask that you try to resolve any issue by first contacting our customer service using the "Contact us" information above.

Arbitration

You and USA Public Records agree that all claims must be resolved only through final and binding arbitration, and not in court before a judge and/or jury. "Claim(s)" means any dispute between the parties, or their owners or agents (who shall be third-party beneficiaries of this provision), that arises out of, relates to, or is connected with this agreement, the platform, or USA Public Records. In arbitration there is no judge or jury. If you and USA Public Records cannot resolve a claim through negotiation, the claim shall be finally and exclusively resolved by binding arbitration as follows:

All claims arising from or relating to this Agreement shall be resolved exclusively through binding arbitration administered by JAMS (www.jamsadr.com) under its Consumer Arbitration Minimum Standards and Streamlined Rules (together, the "JAMS Rules"), except as modified below. This provision is governed by the Federal Arbitration Act.

Filing fees and costs

• Consumer filing fee: if you start arbitration, you will pay a filing fee of 250 US dollars (waived if you qualify for a fee waiver under JAMS policy).
• Company obligations: USA Public Records will pay all other arbitration fees, including JAMS case management fees, arbitrator compensation, and hearing costs, unless the arbitrator finds that your claim is frivolous, in which case you may be required to reimburse USA Public Records for the fees incurred.
• Mass arbitration: for 25 or more similar claims ("Mass Arbitration"), the parties opt into the JAMS Mass Arbitration Procedures and Guidelines (effective May 1, 2024). USA Public Records will pay 5,000 US dollars of the Process Administrator fee of 7,500 US dollars, and the claims will be coordinated by a single Process Administrator appointed by JAMS so that procedural issues are resolved efficiently.

Attorneys' fees

Each party pays its own attorneys' fees and costs, unless (a) a statute authorizes fee-shifting for the claim, or (b) the arbitrator sanctions a party for bad-faith conduct under JAMS Rule 24(h).

Location and process

• Unless you and USA Public Records agree otherwise in writing, the arbitration will take place at the U.S. JAMS location nearest to the city where you live at the time the arbitration is filed.
• Hearings will be held by videoconference unless in-person proceedings are necessary.
• The arbitrator may award the same relief that is available in court and must issue a written decision with findings of fact and conclusions of law.

Class action waiver

CLAIMS MUST BE ARBITRATED INDIVIDUALLY, AND NOT AS CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR AWARD RELIEF TO ANYONE OTHER THAN THE PARTIES.

Small claims and opt-out

• You may bring a claim in small claims court for disputes within its jurisdiction.
• To opt out of arbitration, send an email to [email protected] within 30 days of agreeing to these Terms, with "Arbitration Opt-Out" as its subject line.

Enforceability

If any part of this clause is invalid, the rest remains enforceable. Challenges to arbitrability shall be decided by a court, not by the arbitrator.

Remedies in aid of arbitration

This agreement to arbitrate will not prevent you or USA Public Records from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, to compel arbitration, or to confirm an arbitral award, from a court of competent jurisdiction. Nor will this agreement to arbitrate prevent you or USA Public Records from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. "Court of competent jurisdiction" means any federal or state court located in Las Vegas, Nevada, that has jurisdiction over the subject matter.

Conduct of arbitrator

The arbitrator must follow the applicable federal and Nevada law, and an award may be challenged if the arbitrator does not. Either party may go to court to compel arbitration, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award of the arbitrator. Any such litigation to compel arbitration shall take place in the courts of the State of Nevada, specifically within Clark County.

The arbitrator's award will consist of a written statement giving the disposition of each claim. The award will also give a concise written statement of the essential findings and conclusions on which the award is based.

The arbitrator may award the same damages or other relief that are available in court.

Governing law and venue

Subject to the above provisions regarding the Federal Arbitration Act, this agreement, including without limitation its interpretation, shall be treated as though it were executed and performed in Nevada, and shall be governed exclusively by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. The language in this agreement shall be interpreted according to its fair meaning and not strictly for or against either party.

Survival

The duty to submit disputes to arbitration shall survive the termination of this agreement.

12. Disclaimers, limitation of liability

Disclaimer of warranties

To the fullest extent permitted by law, this platform and the service are provided "as is" and "as available," and we expressly disclaim any and all warranties, express or implied, of any kind, arising by operation of law or otherwise, including, without limitation, any and all implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties arising from a course of dealing, usage, or trade practice. We provide this platform and all content contained in it, including all reports, on an "as is" basis.

Without limiting the foregoing, we specifically disclaim any and all warranties including, but not limited to:

• Any warranties concerning the availability, accuracy, security, usefulness, or interoperability of any content that makes up the services;
• Any warranties concerning the availability, accuracy, security, or usefulness of any content that makes up any reports you access on this platform; and
• Any warranties of merchantability, or fitness for a particular purpose, and non-infringement, as well as any warranties arising from a course of dealing, usage, or trade practice.

We give no warranty or guarantee that:

• Any portion of the services will be free of infection by viruses, worms, trojan horses, or anything else that shows contaminating or destructive properties; or
• The functions we perform in making the services or any reports available will be uninterrupted or error-free, or that defects in the services or any inaccuracies in any reports will be corrected.

Limitation of liability

To the fullest extent permitted by law, in no event shall USA Public Records, including our members, managers, officers, agents, successors, and/or assigns, be liable to you for any special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procuring substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of whether those damages could be foreseen.

Your total damages, if any, shall be limited to recovering the amounts that you have actually paid us for the services during the term of this agreement. This limitation shall apply whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the basis of the bargain between USA Public Records and you. Without such limitations the platform would not be provided.

Indemnification

You agree to indemnify, defend, and hold harmless USA Public Records and its officers, directors, employees, agents, and affiliates (together, the "indemnified parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with (a) your access to or use of the platform or the services; (b) any breach of these terms by you; or (c) any violation by you of applicable laws or regulations in connection with your use of the platform. The indemnified parties reserve the right, at their own expense, to take over the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall cooperate as the indemnified parties reasonably request.

Application of disclaimers

Some jurisdictions may not allow certain implied warranties to be excluded or certain damages to be limited, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. The licensors and suppliers of USA Public Records are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, that you obtain through the platform or otherwise shall alter any of the disclaimers or limitations stated in this section.

13. Miscellaneous terms

Entire agreement

This agreement is the entire agreement between USA Public Records and you concerning your use of the platform.

Partial invalidity

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality, and enforceability of the rest of that provision, of any other remaining provisions, and of the entire agreement shall not in any way be affected or impaired by it, and shall be interpreted, to the extent possible, to achieve the purposes originally expressed in the provision found to be invalid, illegal, or unenforceable. Each provision of this agreement is intended to be severable, and the validity, legality, or enforceability of any provision of this agreement shall not affect the validity, legality, or enforceability of the rest of the agreement.

No waiver

Our waiver of a breach of any provision of this agreement shall not operate or be construed as a waiver of any other or later breach by you.

Assignment

This agreement and all of your rights and obligations under it may not be assigned or transferred by you without the prior written consent of USA Public Records. We may transfer our rights and obligations under this agreement at any time, without giving you notice. This agreement binds, and inures to the benefit of, the parties, their successors, and their permitted assigns.

No employment relationship

Nothing in this agreement shall be read as creating a partnership, joint venture, or combined entity by or between USA Public Records and you, or as making either the agent of the other; and neither has the authority to bind the other. You agree not to present yourself as a partner, joint venturer, combined entity, or agent of USA Public Records. Each party is, and is meant to be, engaged in its own, entirely separate business. Each party shall be solely responsible for determining the applicability of, and for complying with, any present and future federal, state, and local laws, orders, codes, regulations, and ordinances that may apply to each party and to their respective businesses and employees.

Third party beneficiaries

Except where this agreement expressly says otherwise, there are no third-party beneficiaries to this agreement.

Headings

The headings in this agreement are there for convenience only and have no legal or contractual effect.

Modifications

We reserve the right to amend the provisions of this agreement at any time. Notice of any such modification(s) will be posted at the top of the page of our website that displays this agreement, together with the effective date of the change(s), and/or you may be notified at your first login after the modification(s) take effect. You agree to check this agreement as posted on our website regularly to see the terms of this agreement then in force. If you do not accept an amendment, please get in touch with us (see "Contact us" above). If we post amended terms to this agreement on our website, those terms will take effect automatically, shall be incorporated into this agreement as soon as they are posted, and, if inconsistent with any other terms and conditions of this agreement, shall supersede any such conflicting terms or conditions. By accessing and using our platform after such revised terms are posted, you agree to be bound by them. Your access to and use of the platform will always be subject to the most current versions of these terms of service and of our privacy policy in effect at the time of such use.