Terms of Service
Effective: April 5, 2010
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to BackgroundDigger.com, a public records search service provided by BackgroundDigger.com ("we", "us"). By indicating your acceptance of the following terms of service agreement ("Agreement"), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use BackgroundDigger.com. You cannot purchase BackgroundDigger.com products or services until you have indicated your acceptance of this Agreement.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Agreement on this website.
Use of Services and Data
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, we grant to you a personal, limited, nonexclusive, nontransferable license to use BackgroundDigger.com. We reserve all rights of ownership in BackgroundDigger.com not expressly granted to you. We or our licensors own all right, title and interest in and to BackgroundDigger.com and its content, including all copyrights, trademarks, and other intellectual property rights ("BackgroundDigger.com Content").
You agree that you shall not use BackgroundDigger.com in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify BackgroundDigger.com in any manner or form, (iii) copy, distribute, or create derivative works based on the BackgroundDigger.com Content, (iv) exploit the BackgroundDigger.com Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey BackgroundDigger.com or any elements thereof.
You agree that you shall not use BackgroundDigger.com, or any information or data you may receive through use of BackgroundDigger.com ("Data"), for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: stalking or harassing any individual; requesting information under false pretenses; determining the credit worthiness or eligibility of any individual; employment screening; licensing eligibility and any other purpose covered by the Fair Credit Reporting Act.
NOTE: BackgroundDigger.com is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined by the FCRA. Rather, the Data or other information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination, and the Services and Data are not intended or expected to be used to (a) establish a consumer's eligibility for personal credit or insurance; (b) assess risks associated with existing consumer credit obligations; or (c) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such a nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual. You agree and understand that you may not and will not use the Services or Data for any of the aforementioned purposes.
You agree and understand that Data provided through BackgroundDigger.com is intended for your personal use only, and is not to be used for commercial or business purposes. You further agree that you shall not access, reproduce, duplicate, sell, resell, transfer, or exploit any Data for any commercial purposes.
Your violation of any terms of this Agreement may result in automatic termination of the licenses granted hereunder and your right to use BackgroundDigger.com. We reserve the right at any time to modify or discontinue, temporarily or permanently, BackgroundDigger.com (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.
You must be 18 years of age or older to use BackgroundDigger.com and purchase any BackgroundDigger.com services. Any offers of sale are only intended for individuals who are 18 years of age or older. By purchasing or using BackgroundDigger.com, you affirm that you are 18 years of age or older.
You agree to provide accurate, current, and complete information during the registration process ("Registration Information"). You are solely responsible for maintaining the security of your Registration Information, and for any and all use of your account.
You agree to indemnify, defend, and hold us harmless for damages or losses incurred by you or another party due to any access to or use of your account, or any information contained therein, by a third party, whether authorized or unauthorized. We will not be liable for any access to your account caused by unauthorized disclosure of your account information or order numbers by any third party. You agree to notify us in writing immediately if you suspect any unauthorized use of or access to your account.
Terms of Purchase
Payment of fees for purchases of BackgroundDigger.com services must be made with current and valid payment method information ("Payment Information"). If your Payment Information is insufficient, or not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of BackgroundDigger.com.
After your initial purchase, you will receive a trial to BackgroundDigger.com public records searches. To cancel your subscription and your first recurring charge, contact BackgroundDigger.com within the trial period by clicking here.
Following the trial period, your subscription fees ("Fees") will be billed to the payment method provided as part of your Payment Information on a recurring monthly basis. In return, you will receive a monthly subscription to the following searches: Basic Arrest/Warrant Search, Basic Background Check, Preliminary State Criminal Records Search, Basic Sex Offender Search, People Search by Name, People Search by Address, Reverse Landline Phone search, Reverse IP Search, Birth Records Search, Marriage/Divorce Records Search, Death Records Search, Inmate Search, Relative Search, Neighborhood Check, and Business Name Search. Please note that the available searches may change without notice.
You agree and understand that except as otherwise indicated, you will be charged Fees regardless of whether your searches yield any results, and regardless of whether such searches or records returned contain incorrect information or no information at all.
You may cancel your BackgroundDigger.com services at any time. To do so, click here. Please note that Fees are billed monthly in advance; we will not refund the unused portion of your monthly subscription.
Copyrights and Trademarks
The BackgroundDigger.com Content is owned by BackgroundDigger.com and/or its licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. BackgroundDigger.com and/or its licensors own and retain all rights, including the worldwide copyright, in the BackgroundDigger.com Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you will not use the BackgroundDigger.com Content in any way whatsoever except as in compliance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the BackgroundDigger.com Content, and you shall not exploit the BackgroundDigger.com Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from BackgroundDigger.com Content downloaded or printed from the websites.
All brand and product names are trademarks or registered trademarks of BackgroundDigger.com or their respective owners. You agree that you shall not use any of such without express permission from the trademark owner, except as permitted by applicable law.
Representations And Warranties
You represent and warrant that (i) all Registration Information provided by you is correct and current, and (ii) your use of BackgroundDigger.com will comply with all applicable laws, and does not violate the rights, including intellectual property rights, of any third party.
We provide access to Data compiled and maintained by third parties. We do not create, review, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of such Data. BackgroundDigger.com is not necessarily affiliated with, endorsed by, or compensated by these third parties.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BackgroundDigger.com PROVIDES ALL SERVICES AND DATA "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BackgroundDigger.com MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, BackgroundDigger.com 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.
BackgroundDigger.com 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, BackgroundDigger.com AND DATA. YOUR USE OF BackgroundDigger.com AND DATA IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
BackgroundDigger.com is not affiliated with the United States Government or any Federal or State government agency.
Limitation of Liability
BackgroundDigger.com 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 SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH BackgroundDigger.com OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF BackgroundDigger.com OR DATA, OR FROM THE CONDUCT OF ANY USERS OF BackgroundDigger.com OR DATA, WHETHER ONLINE OR OFFLINE.
BackgroundDigger.com, ITS VENDORS, 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 DATA OR OTHER INFORMATION MADE AVAILABLE VIA BackgroundDigger.com. 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 BackgroundDigger.com WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.
You agree to indemnify, defend, and hold harmless BackgroundDigger.com and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BackgroundDigger.com, the Data, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to terminate or restrict your account and/or access to BackgroundDigger.com 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 term of this Agreement. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of BackgroundDigger.com. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any dispute concerning BackgroundDigger.com, any BackgroundDigger.com products or services, Data, or this Agreement will be settled by binding arbitration in Boston, 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.
This Agreement constitutes the entire agreement between you and us, and governs your use of BackgroundDigger.com, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any part of this Agreement 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 this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.
If you have any questions or concerns about this Agreement or any BackgroundDigger.com product or service, please click here to contact us.
When you use BackgroundDigger.com, we will not collect any personally identifiable information about you unless you choose to provide such information to us.
If you choose to purchase BackgroundDigger.com products or services, we will ask you to provide certain personally identifiable information such as your name and email address, as well as credit card or other payment information and a billing address. We use this information as required to provide you with the BackgroundDigger.com products or services you have requested.
All personal financial information required to complete your purchase will be securely collected and provided to a third party vendor who will process payments and complete transactions.
For your convenience, we make your BackgroundDigger.com search history available to you in the Search History page of your Member's Area. We store information regarding searches you may make solely to provide you with this feature - we do not share your search history with any third parties except for the limited purposes described in the Disclosure section below.
We may automatically and through third-party tracking services (e.g., Google Analytics) gather certain non-personally identifiable information about your use of our websites and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamps, and related data. We use this information, which does not identify individual users, solely to improve the quality of our products and services. Out of respect for your privacy, we do not link this automatically-collected data to personally identifiable information.
A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use both session ID cookies and tracking cookies. We use session cookies to make it easier for you to use BackgroundDigger.com. A session ID cookie expires when you close your browser. We use tracking cookies to better understand how you use BackgroundDigger.com, and to enhance your user experience. A tracking cookie remains on your hard drive for an extended period of time. You are free to decline cookies, but by doing so, you may not be able to take full advantage of all of our offerings. We do not link the information we store in cookies to any personally identifiable information you submit while using BackgroundDigger.com.
Information Use and Disclosure
Notifications & Opt-Out
We understand how highly our users value the privacy and security of their personally identifiable information. We will disclose information collected from and about you, and your search history, to the following entities for the following purposes: (1) to our related companies, service providers and suppliers, to enable them to fulfill a product or service request or to perform a business, professional or technical support function for us; (2) as necessary if we believe that there has been a violation of our Terms of Service or of our rights or the rights of any third party; and (3) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.
We may also sell, rent or lease your personal information to our marketing partners, advertisers or other third parties. If you would prefer that we not share your personal information with such third parties, please click here.
Should you forget your account login information, you may request that we send it to the email address associated with your account. To prevent unauthorized disclosure of and access to your account and search history, you should take steps to keep your email address and account information secure.
We employ encryption and other security measures to protect the loss, misuse, and alteration of the information under our control. Whenever you provide us or our partners with sensitive or confidential information, we or our partners will take commercially reasonable steps to protect such information by establishing a secure connection with your web browser, such as employing a security technology known as a secure-socket-layer ("SSL") to protect the transmission of such information.
However, please be advised that while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent unauthorized access, hacking, data loss, or other breaches from ever occurring. You transmit information to us at your own risk.
We may periodically update this policy, and will post a notice of such updates on our websites. We will attempt to notify you of material updates by sending a notice to an email address you may have provided to us.
If you have any questions or concerns about this policy or any BackgroundDigger.com product or service, please click here to contact us.
Opt Out Policy
Notifications & Opt-Out
If you choose to register to use a Site, we will send you a welcome email including information about the Site and your registration.
We may send you emails notifying you about new or upcoming products or services, news about the Site, information about changing or updating your Site registration information, and changes to the Site's terms of service, and promotional materials and offers from our company as well as from our subsidiaries, affiliates, marketing partners, advertisers and other third parties.
Out of respect for your privacy, if you no longer wish to receive these emails, you may opt-out of receiving them by following the instructions included in each email, or please contact us by clicking here.
We will take reasonable steps to implement your request to opt out. However, please note that due to production and mailing timelines, it may take around six weeks to make the requested change and, until that change takes effect, you may still receive promotional information from us.
As noted above, we automatically and through third-party tracking services (e.g., Google Analytics) gather certain non-personally identifiable information about your use of our Sites and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamps, and related data. We use this information, which does not identify individual users, solely to analyze trends, administer the Sites, track users' movements around the Site and gather demographic information about our user base as a whole, and to improve our quality of our services. Out of respect for your privacy, we do not link this automatically-collected data to personally identifiable information.
Emails sent to you by us or our partners may include "web beacons". Web beacons are unique identifiers that gather certain non-personally identifiable information, and which allow us to better understand how you interact with these emails. For example, web beacons allow us to determine whether and when an email has been opened, and what links within those emails have been clicked. We use the information gathered by these web beacons simply to improve the quality of the information we provide to you. If you prefer not to provide this non-personally identifiable information to us, you may configure your email program to avoid downloading, displaying or otherwise accessing HTML emails or HTML images.
We understand how highly our users value the privacy and security of their personally identifiable information. We will only disclose information collected from and about you, including but not limited to, your searches performed and results received, to the following entities for the following purposes:(1) to our related companies, service providers and suppliers, if the disclosure will enable them to fulfill a product or service request or to perform a business, professional or technical support function for us; (2) as necessary if we believe that there has been a violation of our terms of service or of our rights or the rights of any third party; and (3) to respond to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and ourselves. We may also release personal information in the event of a corporate sale, merger, reorganization, dissolution or similar event..
We may also sell, rent or lease your personal information to our marketing partners, advertisers or other third parties. If you would prefer that we not share your personal information with such third parties, please click here to contact us.
Information Disclosure Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us as provided in greater detail above.
We do not direct our Sites to, nor do we knowingly collect any personal information from, children under the age of thirteen.
Third Party Websites
Removing your information from our search results
Please be aware that public records can be obtained from official public records custodians or repositories and are made available upon request to the general public. In order to request a copy or removal of your official public record, please contact the official custodians of the public record you wish to be removed/withheld from public access. The process by which you may request for your official public record/s to be removed varies by state, so please check with your local government public record repository/ies for further details.
As a courtesy, you may opt-out of having your information included in the data that appears in search results of this website. Your identifying information such as your name, address, phone number (as it appears on this website) will be withheld/removed upon written request submitted to our Data Management Department, as further explained below.
It is vital that we are able to confirm your identity in order to locate and remove your information from our databases. In order for us to do this, we require that all data removal request forms submitted to our Data Management Department are accompanied by official proof of identity, such as a state issued ID or a driver's license. This will ensure that we have fully matched the information you would like removed with the information stored on our databases. Please be sure to obscure or redact your photo and ID/driver's license number prior to sending us the copy of one of these documents.
We understand that you may have some security concerns when sending us your information. We wish to reassure you that we abide by very stringent security protocols. All information you provide through the data removal request process is ONLY used for the purposes of removing data from our databases. The information you submit to us is not stored, shared, sold, or used for any marketing purposes. It is used strictly to assist in the facilitation of the data removal request.
Please print, fill out all the requested/mandatory information on the Data Removal Request Form available at opt_out_form.pdf
Be sure to include any of the following reasons for your request:
- You are a state, local or federal law enforcement officer or public official and your position exposes you to a threat of death or serious bodily harm.
- You are a victim of identity theft.
- You are at risk of physical harm.
- You have evidence the record is incorrect or expunged.
It may further help us locate the information you wish to be removed/withheld, if you provide us such details as the location of the data in question in a form of website/URL link.
Please fax or mail your Data Removal Request along with your proof of ID and copies of any applicable court orders to:
Fax: (617) 507-0410 (This fax number is for data opt-out requests ONLY. The Data Management Department does not manage any customer related issues)
Data Opt Outs
PO Box 130369
Boston, MA 02113
Please allow upwards of 30 days for us to fully process your Data Removal Request.
Please note: We do not process Data Removal Requests by email or over the phone. We may not be able to process incomplete requests which are missing proof of identification and/or vital information such as name, address and date of birth.
Although most information is usually removed or blocked permanently, we do not guarantee the information will not be available again in the future, as we are not in direct control of the information distributed and obtained from official public records/government or third party sources. It is for this reason that we recommend you contact the custodian of the original record to request it be removed or corrected.
In addition, we have no control over any information displayed by other online public records vendors, and your Data Removal Request will not remove information from third party websites.
Please be aware that we are not a "consumer reporting agency" as defined by the FCRA, as we do not provide any data for use in credit, insurance, or employment screening. We explicitly prohibit the use of our service and the data it supplies for such purposes.
We may periodically update this policy, and will post a notice of such updates on the Sites. We will attempt to notify you of material updates by sending a notice to an email address you may have provided to us, and by placing a prominent notice on the Sites.
If you have any concerns about this policy, or any BackgroundDigger.com products or services, please click here to contact us.