Terms of Service
Last Updated: April 16, 2024
PLEASE TAKE A MOMENT TO REVIEW THIS DOCUMENT CAREFULLY, AS IT CONTAINS CRUCIAL INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
The following Terms and Conditions ("Terms") apply to your use of the EmailTracer website ("the Site"), which is managed by EmailTracer ("we," "us"). By accessing, viewing, or otherwise interacting with the Site, you agree to these Terms, thereby establishing a binding legal agreement between you and us.
Your engagement with the Site constitutes your full acceptance of these Terms. If you disagree with any part of these Terms, you are advised to cease using the Site immediately.
By agreeing to these Terms, you also consent to be bound by the Arbitration and Class Action Waiver section contained herein.
We reserve the right to modify these Terms at any time. Significant changes will be communicated through an updated version of the Terms posted on https://emailtracer.com/terms. Your continued use of the Site after such updates indicates your acceptance of the new Terms.
License Agreement
Upon your acceptance of these Terms and continued compliance, we grant you a personal, revocable, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. This includes performing searches and generating reports. You are expressly forbidden from selling, distributing, publishing, creating derivative works from, or otherwise exploiting the Site or its content in any manner that violates these Terms.
All rights, title, and interest in the Site and its content, including but not limited to copyright, trademarks, and patents, are retained by EmailTracer and/or its licensors.
Usage Conditions
You agree not to use the Site or any information obtained from the Site ("Information") in a manner that breaches any applicable laws or regulations, or that contradicts these Terms. Prohibited activities include stalking, harassment, soliciting information under false pretenses, and identity theft.
You also agree not to access the Site through automated methods, nor use it for data scraping, harvesting, or extraction.
These Terms are effective immediately upon your access or use of the Site, or upon agreeing to these Terms explicitly, including when making a purchase. We may terminate or suspend your access to the Site at our discretion, without notice, if we determine you have violated these Terms or engaged in harmful conduct.
FCRA Disclaimer
EmailTracer is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA) and does not compile or evaluate information for consumer reporting purposes. The Site's information must not be used for purposes prohibited by the FCRA, such as employment screening or credit evaluation. Legal consequences may arise from misuse of the Information in violation of the FCRA. You agree to indemnify and hold EmailTracer harmless from any legal repercussions, costs, or damages arising from such misuse.
Comprehensive Disclaimers
Use of the Website is at your own risk. EmailTracer.com disclaims all liability for any loss, damage, or expense incurred due to using or accessing the Website. The accuracy, completeness, or timeliness of the information provided is not warranted.
Absence of Warranties
The website and information are provided on an "as is" and "as available" basis without any warranties, express or implied.
Limitation of Liability
EmailTracer.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use or the inability to use the website or any information obtained through the website.
Indemnification Obligations
You agree to indemnify and hold harmless EmailTracer.com, its affiliates, officers, directors, employees, agents, licensors, and suppliers from all losses, expenses, damages, and costs resulting from any violation of these Terms, your use of the Website, or any activity related to your account.
Website Use and International Access
EmailTracer.com operates the Website from the United States and makes no representation that it is appropriate or available for use in other locations. Accessing the Website from territories where its content is illegal is prohibited.
We reserve the right to terminate your access to the Website or any portion thereof at any time, without notice, for any reason, including breach of these Terms.
Arbitration and Class Action Waiver
- Arbitration Agreement: Both parties, you and the company, concur that disputes or claims related to the website or these terms shall be resolved via confidential and binding arbitration, bypassing traditional court proceedings. The arbitration journey initiates with the delivery of a Dispute Notification ("Notice") to the opposite party, granting a 30-day window for attempting a resolution. Please send Notices to: EmailTracer.com, 3571 Far West Blvd #3191, Austin, TX 78731, detailing the nature of the dispute and the desired outcome. If a resolution remains elusive after 30 days from issuing the Notice, either side may move forward with arbitration. Arbitration eschews the involvement of a judge or jury, limiting court review. However, arbitrators have the capacity to award the same types of remedies a court would, adhering to these service terms. Opting for arbitration means willingly relinquishing the rights to a judge or jury trial in either state or federal courts. The arbitration process will be regulated by the Federal Arbitration Act and managed according to the American Arbitration Association's (AAA) rules, with costs conforming to AAA guidelines. Arbitration sessions may occur in Massachusetts or another mutually acceptable venue, with consideration for consumer convenience in dispute locations. For claims not exceeding $10,000, arbitration could proceed via telephone or written statements, barring the necessity for an in-person hearing. Decisions by the arbitrator will reflect Massachusetts law and respect all relevant legal rights, with the power to interpret this arbitration agreement, barring exempt claims that are decided by courts. Amendments to this clause (save for address or link changes) won't affect pre-amendment claims, nor will attempts to nullify this clause affect claims already underway.
- Class Action and Arbitration Waiver: By consenting to these terms, you relinquish the right to initiate or participate in class-wide arbitration against us. In the event a dispute proceeds to court, both parties will forfeit their right to a jury trial.
- Exclusions: Specific claims, like those handled in small claims court or individual suits for preventing intellectual property rights infringements, are exempt from arbitration. Victorious parties in intellectual property litigation are entitled to recoup their costs and fees. Opt-Out Provision: Within 60 days of accepting these terms, you can opt out of the arbitration agreement by writing to EmailTracer.com at the designated address.
- Class Action Waiver: You waive the opportunity to join class action suits against the company. This waiver applies regardless of whether the claim is resolved in court or arbitration, with a mutual waiver of jury trial rights.
- Claim Filing Deadline: Legal actions related to the use of the website must be initiated within one year of the claim arising. This time constraint is broadly applicable to you and any successors.
General Provisions
Claims related to the use of the Site must be filed within one year. Provisions of these Terms are severable, and non-enforcement of any right does not constitute a waiver.
We may amend these Terms at any time, and your continued use of the Site signifies your agreement to any changes.
How to Reach Us
For questions or concerns regarding these Terms, please contact us at privacy@emailtracer.com.