By using this Site, clicking "I accept" during checkout, or submitting payment information through this Site, you agree to be bound to these Terms of Use (the "Agreement", “TOU”), constituting a legally binding agreement by and between PersonTrust, Inc. (hereinafter, "PersonTrust", “we”, or “us”) and you (in either case, "You" or "Your"). We encourage you to print the Agreement or copy it to your computer's hard drive for your reference.
IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. PersonTrust encourages users of the Website to frequently check PersonTrust Privacy Policy for changes.
PersonTrust a Luxembourg corporation, doing business as "PersonTrust" ("PersonTrust "), provides access to the background information services ("Services") on the PersonTrust website at PersonTrust (along with all subdomains, collectively, the "Site").
If you do not wish to be bound by the TOU and Privacy Policy, you must leave this Site immediately. Your further use of the Site will be considered as acceptance of the terms of this TOU and the Privacy Policy.
You may not use this Site if you are not of legal age to form a binding contract with PersonTrust. If you are under 18 years old, you must leave this Site immediately.
PersonTrust 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 PersonTrust. PersonTrust will post a notice on its homepage that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes.
If you would like to remove your information from our site, please send an email to us at [email protected]
PERSONTRUST IS NOT A CREDIT REPORTING AGENCY ("CRA") FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT ("FCRA"). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS OF USE. The information provided by PersonTrust has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Pursuant to this Agreement and applicable law, you are not permitted to use any of this information as a factor in: 1) establishing an individual's eligibility for personal credit, loans, 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); 3) evaluating an individual for educational opportunities, scholarships or fellowships; 4) benefits, privileges or services provided by any business establishment; or 5) any other personal business transaction with another individual (including, but not limited to, leasing, renting or sale of a house, apartment or other dwelling).
You grant PersonTrust a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content including your e-mail and name (“User Content”) to the Site or Service, you are granting PersonTrust, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, royalty-free license to use User Content, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that PersonTrust may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and convey the license set forth in this provision.
Our Site and all of its contents (collectively, the “Intellectual Property”), are protected by copyright, trademark, and other laws of Luxembourg, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by PersonTrust or its licensors. Additionally, the Site itself is protected by copyright as a collective work, compilation, or both. No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by PersonTrust. You may browse through the Site. You must keep intact all copyright, trademark and other notices. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble, or in any way exploit any of our Intellectual Property or the Site itself.
You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that PersonTrust has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national, or international law.
You agree to pay PersonTrust for Data described at the time of purchase on the Site. These products and costs may be changed occassionaly and all updates will be posted to the Site. Customer shall pay for access to the Site and Data and services in advance. PersonTrust reserves the right to terminate this agreement for any reason. All prices are in US Dollars and do not include internet service provider, telephone, or any other connection charges you may incur.
This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. PersonTrust has no control over sites that are not ours, and PersonTrust is not responsible for any changes to, or content on, them. PersonTrust assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of PersonTrust. PersonTrust's inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
PERSONTRUST DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERSONTRUST DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. PERSONTRUST IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES. PERSONTRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE PERSONTRUST MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. PERSONTRUST UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
PERSONTRUST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PERSONTRUST IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED PERSONTRUST IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS, OR PERSONAL INFORMATION.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, PERSONTRUST IS FOUND LIABLE UNDER ANY THEORY, PERSONTRUST'S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED RECEIVED BY PERSONTRUST FROM YOU FOR YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH ABOVE. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS BELOW REGARDING SEVERABILITY BELOW WILL APPLY.
You will defend, indemnify and hold PersonTrust harmless from any claim or demand, including attorneys' fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity. You shall give prompt notice to the indemnifying party of the occurrence of any claims as to which indemnification may arise hereunder.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND PERSONTRUST, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A LUXEMBOURG COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT, AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall take place in Luxembourg, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement.
Complete Agreement. This TOU, the Privacy Policy, and the Subscription Agreement constitute the entire understanding between PersonTrust and you respecting use of the Site and the Services, superseding all prior agreements between you and PersonTrust. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions. If there is any conflict between the terms of this TOU and those in the Subscription Agreement, the terms of the Subscription Agreement will control, except to the extent that this TOU imposes additional restrictions and liabilities on your actions.
You and PersonTrust agree that the laws of Luxembourg (expect for conflicts of laws principles) will apply to all matters relating to this TOU. If for any reason, the Arbitration provision is deemed inapplicable or unenforceable, exclusive jurisdiction shall be with the courts of Luxembourg for all disputes, actions, or proceedings arising out of or relating to this TOU. In any dispute between PersonTrust and you, including tort claims, the prevailing party will be entitled to attorneys' fees and costs.
Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to this TOU must be brought within one year after such claim or cause of action arose.
This English-language TOU is PersonTrust's official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls.
If a provision of this TOU is held to be illegal, invalid or unenforceable, then: 1) it must be deemed amended to achieve as nearly as possible the same effect as the original provision, and 2) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
The following provisions shall survive termination of this TOU: 3, 4, and 7-11. Waiver. No failure or delay on the part of PersonTrust in exercising any right, power, or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power, or remedy under this TOU.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If you have questions about this TOU or want to contact PersonTrust, please send an email to [email protected]