Terms of ServiceEffective Date: August 1, 2021
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to PhoneRegistry, a public records search service (“PhoneRegistry,” “we,” “us”). PhoneRegistry is provided and wholly owned by Accucom Corporation. The PhoneRegistry website (available at phoneregistry.c om, including all content under the “phoneregistry.com” domain name) is owned and operated by us, and referred to herein as the “Website.” We provide the Website subject to your agreement to, and compliance with, the terms and conditions set forth in this document and its incorporated terms (the “Terms”).
We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here at https://phoneregistry.com/terms/. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Website on or after the effective date of such revision and/or addition.
I. License & Intellectual Property
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website, its content, or any part of the Website, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the “Website Content”) for your personal, individual, non-commercial, and non-automated use only.
We reserve all rights of ownership in and to the Website not expressly granted to you. You may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Website Content. All registered and unregistered trademarks visible or accessible through the Website are trademarks of PhoneRegistry or licensors and may not be copied, imitated, or used in whole or in part without our prior written permission. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without our prior written permission.
II. Prohibited Uses
You are responsible for your access or use of the Website and Search Information (defined below). We reserve the right to refuse you access to the Website and Website Content if we believe that your conduct violates applicable law, violates these Terms, the Privacy Notice, or is harmful to our interests.
You may not use the Website, or any search results or other information you may receive through use of the Website ("Search Information"), in any manner that violates any applicable law or regulation or that is inconsistent with these Terms. Further, you acknowledge that the Website contains public records collected from thousands of offices, departments, courthouses, and other public and private sources. You understand and acknowledge that we are not a consumer reporting agency as defined by the Fair Credit Reporting Act, and do not assemble or evaluate information for the purpose of supplying consumer reports.
You agree that you shall not use Search Information to engage in stalking or harassing of any individual, requesting information under false pretenses, or identity theft.
You may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Website for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website’s operations or interference with access to the Website or through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
III. FCRA Notice
PhoneRegistry does not provide the Website or compile Search 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 Search Information does not constitute “consumer reports” under the FCRA because they are not used or expected to be used or collected in whole or in part for any permissible purpose under the FCRA. PhoneRegistry simply aggregates and provides access to publicly-available information for personal and non-commercial use only. You are expressly prohibited from using any Search 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 from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold harmless PhoneRegistry 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.
IV. Accuracy, Completeness, & Timeliness of Information
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and that this data may contain errors and omissions. We do not guarantee that Search Information is current or accurate, and you therefore should not use the Website to verify any information about an individual. We do not guarantee the correctness or completeness of the Website or Search Information. You understand that Search Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Search Information. We do not take on any obligation to update, amend, or clarify Search Information or any other information on the Website.
For the most recent records concerning any individual presented on the Website, contact the relevant state or local office, agency, or department.
PhoneRegistry is not affiliated with the United States Government or any federal or state government agency.
V. No Warranties
PHONEREGISTRY PROVIDES THE WEBSITE AND SEARCH INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
PHONEREGISTRY 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 OR SEARCH INFORMATION. YOUR USE OF THE WEBSITE AND SEARCH INFORMATION IS SOLELY AT YOUR OWN RISK.
PhoneRegistry does not warrant that the Website will be uninterrupted or error free; nor does PhoneRegistry 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 Search Information or other information, service, or materials provided through the Website.
VI. Limitation of Liability
PHONEREGISTRY 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 SEARCH INFORMATION 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 SEARCH INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR SEARCH INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR SECURITY BREACHES, OR FOR 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 A PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS SHALL NOT EXCEED FIVE HUNDRED U.S. DOLLARS ($500.000).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless PhoneRegistry and its officers, directors, agents, employees, partners, affiliates (including without limitation Accucom Corporation), licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, 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 Search Information you obtain through the Website; (ii) your violation of these Terms; or (iii) your violation or infringement of any laws or any rights of another individual or entity. You shall not settle any actions or claims on our behalf without our prior written consent.
VIII. Location of the Site and your Use
Phone Registry operates or controls the operation of the Website from the United States. In addition, the Website may be mirrored, and other websites operated or controlled by PhoneRegistry may be operated from various locations in and outside of the United States. PhoneRegistry makes no representation or warranty that all of the features of the Website will be available to you outside of the United States, or that the Website is permitted to be accessed outside of the United States. Additionally, the Website may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Website from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws. Please review our Privacy Notice for more information about information we may collect or use from persons outside of the United States.
We reserve the right to terminate or restrict your access to the Website for any reason, or for no reason whatsoever, including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for such termination, or restriction of your access.
X. ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
A. Arbitration Notice
If you and PhoneRegistry are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or PhoneRegistry may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be held in the State of Massachusetts or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of the Terms containing this Section is posted to the Website and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS ACTION WAIVER: YOU AND PHONEREGISTRY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
B. Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Website, including, without limitation, any website or mobile application or other Website-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
XI. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
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).
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.
XIII. Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason,
please contact us at the following:
PhoneRegistry, 227 Lewis Wharf, Boston, MA 02110