Terms of Service
Date of Last Revision: April 21, 2023
These terms of service (the “Terms”) govern your use of the Emailtracer website (the “Website”), which is operated by Emailtracer (“we”, “us”). Your use of the Website is subject to your express agreement to and compliance with these Terms.
We may revise these Terms at any time. In the event of a material change, we will post the most recent version of these Terms at https://emailtracer.com/terms. Your continued use of the Website constitutes your agreement to the updated Terms.
License
Subject to your ongoing compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website, including to conduct searches and generate search reports, for your personal, non-commercial, use. You are strictly prohibited from selling, distributing, publishing, and creating derivative works from the Website or any elements thereof, or otherwise using the Website or its content in any way that is not in full compliance with these Terms.
Emailtracer and/or its licensors expressly retain all right, title and interest in and to the Website and its content, including, without limitation, all copyrights, trademarks, trade dress rights, and patent rights.
Conditions of Use
You agree not to use the Website, or any search results or other information you may receive through use of the Website ("Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms, including to engage in stalking or harassing of any individual, requesting information under false pretenses, or identity theft.
You agree not to access or use the Website through automated means, or otherwise for purposes scraping, harvesting, mining, or other data extraction.
These Terms take effect at the time you begin accessing or using the Website, or select the box indicating your express agreement to these Terms whether nor not in connection with making a purchase, whichever is earliest. We reserve the right to suspend or terminate your access to the Website at our discretion, with or without notice, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms, or is otherwise harmful to our interests.
FCRA Notice
You acknowledge that Emailtracer does not provide the Website or compile information for employment purposes and is not a "consumer reporting agency" under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The Information does not constitute "consumer reports" under the FCRA because it is not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. Emailtracer aggregates and provides access to publicly available information for personal and non-commercial use only.
You are Expressly Prohibited from using Information (a) to discriminate against any consumer; (b) for the purpose of considering a consumer's eligibility for personal credit or insurance, employment, housing, or a government license or benefit; or (c) otherwise to affect a consumer's economic or financial status or standing. You understand, agree, and acknowledge that any such use of Information may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless Emailtracer 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, due to or arising out of your use of information from search results in a manner covered under the FCRA.
Data Removal
If you would like to remove your information from the Website, please visit our Data Removal Request page and follow the instructions shown there.
Disclaimers
Your use of the Website and Information is at your sole risk. Information is sourced from public records made available by state and local offices, agencies, or departments. You acknowledge that Information may contain errors and omissions, and we do not and cannot warrant or guarantee that Information is current, accurate, or complete. In the event you notify us in writing of errors or omissions in any Information, our sole obligation is correction of the Information in question, if possible.
Emailtracer is not affiliated with the United States Government or any federal or state government agency.
No Warranties
EXCEPT AS PROHIBITED BY STATE LAW, EMAILTRACER PROVIDES THE WEBSITE AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EMAILTRACER MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, EMAILTRACER 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.
EMAILTRACER 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, THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Emailtracer does not warrant that the Website will be uninterrupted or error free; nor does Emailtracer make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.
Limitation of Liability
EXCEPT AS PROHIBITED BY STATE LAW, EMAILTRACER 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 THE WEBSITE, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH THE WEBSITE IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR SECURITY BREACHES.
EMAILTRACER, 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 INFORMATION MADE AVAILABLE VIA THE WEBSITE. 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 THE WEBSITE WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.
Indemnification
You agree to indemnify, defend, and hold harmless Emailtracer and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Website or any Information you obtain through the Website and (ii) your violation of these Terms, or (iii) your violation or infringement of any laws or any rights of another individual or entity.
Arbitration
Any dispute concerning Emailtracer, the Website, Information, or these Terms will be settled by binding arbitration in the State of 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 the Website, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
These Terms will be governed by and construed in accordance with the laws of Massachusetts, without reference to its conflict of laws principles.
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. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
Contact Us
If you have any questions or concerns about this Privacy Notice, you may email us at support@emailtracer.com.