Terms & Conditions

IntelliCorp InTouch Terms of Use

1. Restricted License
   Upon registration, IntelliCorp grants you a nonexclusive and nontransferable restricted license to access IntelliCorp’s databases and services (collectively the “Services’) and the information, data or records available therein (the “Information”) for the sole purpose of using the Services or Information to perform data verification or person, property and address location, subject to the restrictions and limitations set forth below.



2. General Restrictions
   
   1. IntelliCorp hereby grants to you a restricted license to use the IntelliCorp Services solely for your own internal purposes. The Services and any Information received shall not be provided or resold to any other person or entity without IntelliCorp’s prior written consent. You represent and warrant that all of your uses of the IntelliCorp Services and the Information provided shall be for only legitimate, legal purposes and in compliance with all laws, regulations and rules which may, in IntelliCorp’s opinion, govern the use of the IntelliCorp Services and Information provided therein. You shall not use the IntelliCorp Services for marketing purposes or resell or broker the IntelliCorp Services to any third party. You shall not access the IntelliCorp Services from Internet Protocol addresses located outside of the United States and its territories without IntelliCorp’s prior written approval. You may not use data to create a competing product.
       
   2. You shall not remove or obscure the copyright notice or other notices contained on materials accessed or received through the IntelliCorp Services.
       
   3. You agree to follow the IntelliCorp Customer Code of Conduct and agree to adhere to the following:
      • You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Service.
      • You will not use the Service in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person.
      • You will not use the Service to seek information about or harm minors in any way.
      • You will not use the Service to seek information about celebrities or public figures.
      • You will not use a bot program or other type of automated means to access or use the Service.
      • You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
      • You will not use any IntelliCorp or IntelliCorp InTouch trademark or service mark without the express written consent of IntelliCorp.
      • You will take reasonable steps to ensure that the Information you receive via the Service is stored in a secure manner.
       
   4. All searches of IntelliCorp’s databases are tracked, and (as noted below) you consent to such tracking and to the provision of all information about your use of IntelliCorp databases to law enforcement and others as may be useful to respond to allegations that the Service or Information has been misused.
       
   5. In the event of using this Service for criminal or civil background checks, you should not assume that the Service or Information provides a complete or accurate history of any person's criminal or civil history. IntelliCorp cannot offer legal advice on how to use the information contained in criminal background reports, and is not responsible for any action taken by the customer based on this information.
       
   6. You 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.
   
   
3. FCRA Restrictions
   The Services and Information are not provided by “consumer reporting agencies,” as that term is defined in the federal Fair Credit Reporting Act, (15 U.S.C. 1681, et seq.), (“FCRA”), and the Information disclose does not constitute consumer reports. Accordingly, (A) you certify that you will not use any of the Information it receives or accesses through the Services for any of the following purposes: (1) marketing; (2) health insurance; (3) education, scholarships or fellowships; (4) housing or accommodation; (5) benefits, privileges, or services provided by any business establishment; (6) loans or credit including in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with the review or collection of an existing credit account of a consumer; (7) for employment purposes; (8) in connection with a determination of a consumer’s eligibility for a license or other benefit granted by a government agency; (9) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; or, (10) for any other purpose deemed to be a permissible purpose under the FCRA; (B) Specifically, if you are using the Services in connection with collection of a consumer debt on your own behalf, or on behalf of a third party, you shall not use the Services, or any Information it receives or accesses through the Services, (1) to revoke consumer credit; (2) to accelerate consumer payment terms or otherwise change such terms in a manner adverse to a consumer; (3) including in prioritization and segmentation activities, use the Services for the purpose of determining a consumer’s collectability; and (C) You shall not take any “adverse action,” as that term is defined in the FCRA, or otherwise act in a manner that is contrary to a consumer’s interest unless the basis for doing so is information you obtain from a source other than the Services.
   
   
4. Misuse
   You agree that if IntelliCorp determines or suspects that you are engaging in marketing activities, reselling or brokering the Services, Information, programs, computer applications, or data, or determines you are otherwise misusing the Services or Information or violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, IntelliCorp may take immediate action, including terminating the delivery of, and the license to use, the Services, contacting its suppliers and/or law enforcement agencies (as appropriate), in addition to other remedies that might be available under the law or in equity. You further agree that IntelliCorp will provide its suppliers and/or law enforcement agencies 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 IntelliCorp, you and IntelliCorp’s systems generally.
   
   
5. Security
   You acknowledge that the Information available through the Services may include personally identifiable information and it is your obligation to keep all such accessed information secure. You shall purge all Information received through the Services and stored electronically or on hard copy by you within ninety (90) days of initial receipt or expiration retention period required by law. You shall not access and/or use the Services via mechanical, programmatic, robotic, scripted or other automated search means or data extraction systems. You understand and agree that information provided by you to IntelliCorp can be used by third party data providers in any lawful manner.
   
   
6. Fees and Refund Policy
   Fees for use of the Services are posted on the various search pages. You agree to pay the fees associated with your use of the IntelliCorp products and Services by providing IntelliCorp with a valid credit card. You hereby certify that you are an authorized user of the credit card. You understand that IntelliCorp takes credit card fraud and non-payment very seriously, and IntelliCorp may work with law enforcement agencies and private parties to address these issues if they occur. IntelliCorp further reserves 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. IntelliCorp will use reasonable efforts to deliver the Services and Information to its customers, and to compile information gathered from selected public records and other sources; provided, however, you accept all the Services and Information "AS IS". All purchases are final with no refunds. IntelliCorp accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of the information.
   
   
7. Performance
   You accept the Services and all Information "AS IS." You acknowledge and agree that IntelliCorp obtains their data from third-party sources, including but not limited to public records, which may or may not be completely thorough and accurate, and that you shall not rely on IntelliCorp for the accuracy or completeness of Information supplied through the Services. You understand that you may be restricted from accessing certain Services which may be otherwise available. IntelliCorp reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of the Services.
   
   
8. Disclaimer Of Warranties/Limitation of Liability
   Neither IntelliCorp, nor their subsidiaries and affiliates, nor any third-party data provider (for purposes of indemnification, warranties, limitations on liability and ownership of data, IntelliCorp, their subsidiaries and affiliates, and their data providers are hereby collectively referred to as “IntelliCorp”) shall be liable to you (or to any person claiming through you to whom you may have provided Information from the Services) for any loss or injury arising out of or caused in whole or in part by IntelliCorp’s or any third party’s acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the Services. If, notwithstanding the foregoing, liability can be imposed on IntelliCorp, then you agree that IntelliCorp's aggregate liability for any and all losses or injuries arising out of any act or omission of IntelliCorp in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed One Hundred Dollars ($100.00). You covenant and promise that you will not sue IntelliCorp and/or its data providers for an amount greater than such sum even if you and/or third parties were advised of the possibility of such damages and that you will not seek punitive damages in any suit against IntelliCorp. You expressly agree and acknowledge that (i) there is no partnership or joint venture between any of the IntelliCorp entities; (ii) there shall not be any joint nor several obligations or liabilities undertaken amongst, between, or on behalf of any of the IntelliCorp entities; (iii) the IntelliCorp entities do not expressly or impliedly agree to be responsible or liable for the acts and omissions of one another; and (iv) the IntelliCorp entities do not warrant the services provided by one another. IntelliCorp does not make and hereby disclaims any representation or warranty, express or implied, with respect to IntelliCorp InTouch, the Services and Information. INTELLICORP HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE OR INFORMATION PROVIDED THEREIN AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE SERVICES AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL INTELLICORP 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, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You assume all risks associated with the use of our Services and Information.
   
   
9. Indemnification
   You hereby agree to protect, indemnify, defend, and hold harmless IntelliCorp, its officers, directors, employees and agents, from and against any and all costs, claims, demands, damages, losses, expenses (including attorneys' fees and costs) and liabilities of whatever nature or kind and arising from or in any way related to your use of use of IntelliCorp InTouch, the Services or of the Information and data contained therein or received by You (or any third party receiving such Information from or through You) furnished by or through IntelliCorp. IntelliCorp will promptly notify you of any such claim.
   
   
10. Ownership of Data
    You acknowledge that IntelliCorp has expended substantial time, effort, and funds to collect, arrange and compile its databases and to create and deliver the Services (including the Information therein). The Services, the Information contained therein, and the data in the databases are and will continue to be the exclusive property of IntelliCorp or its third-party data providers. You agree that IntelliCorp may use your search inquiry data used to access the Services for any internal purpose consistent with applicable federal, state and local laws, rules and regulations. Nothing contained in this Agreement shall be deemed to convey to you, or to any other Party, any right, title or interest, including any patent, copyright, or other proprietary right, in or to the data or Information in the Services, any database(s) itself or (except to the extent of the limited license granted herein) to the Services.
    
    
11. Audit
    You understand and agree that in order to ensure compliance with applicable laws, regulations or rules, regulatory agency requirements, the terms and conditions of this Agreement, and IntelliCorp’s obligations under its contracts with its data providers, IntelliCorp may conduct periodic reviews of your use of the IntelliCorp Services. You agree that in the event that IntelliCorp suspects that the Services or Information has been misused, IntelliCorp will contact its 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 this information (including search key data) for such investigative purposes. You further agree to fully cooperate with all audits of IntelliCorp, you and systems generally. Violations discovered in any review and/or audit by IntelliCorp will be subject to immediate action including, but not limited to, suspension or termination of the license to use the Services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.
    
    
12. Communication
    All purchase receipts, confirmation notices, and welcome messages are delivered through electronic communications. IntelliCorp may periodically communicate service and other suitable updates with its customers via email. Your requested reports will be made available online for 60 days following purchase in the Account area of the site.
    
    
13. Term
    The term of this Agreement shall begin on the day that you agree to these terms and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 4, 6, 9 and 11 shall survive termination. Additionally, all of the restrictions on use of the Information shall continue to apply to Information downloaded from IntelliCorp until all copies of that information are destroyed by you.