You are here

Terms of use

Terms of Use

 

1. Acceptable Use

We are not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.YOU SHALL NOT USE OUR SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION, OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL.You assume all risks arising from your use or disclosure of information we provide to you. You agree to check all information that we provide you before providing that information to anyone else. You agree not to sue us, our people, or our data suppliers for damages to you based on your use of information we provide you. You agree to fully protect us, our people, and our data suppliers from anyone else’s lawsuit based on your use of information we provide you.

 

2. Data

While we are constantly updating and refining our database and service, we do not represent or warrant that the data provided will be 100% accurate and up to date. We provide you information as-is. We obtain information from public record sources at different times. The information may have changed since then. Public records my be incomplete. Public records may have errors. We may report to you information that matches your self-reported information, but is not about you. This is because many government agencies do not provide unique identifying characteristics (like a social security number) for us to search.We do not guarantee that our information is accurate, complete, or up-to-date. The Public Records and commercially available data sources used may have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. EarlyIQ does not make and hereby disclaims any warranty, expressed or implied with respect to the information provided herein. EarlyIQ does not guarantee or warrant the correctness, merchantability, or fitness for a particular purpose of the information provided. The report information displayed is time-sensitive.

 

3. Disclaimer of Warranties

The information in our databases has been compiled from public records, user submissions, and other sources for the specific purposes of providing general background information about individuals and businesses. THE SERVICES AND INFORMATION ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND NEITHER WE NOR ANY OF OUR DATA SUPPLIERS REPRESENTS OR WARRANTS THAT THE INFORMATION IS CURRENT, COMPLETE OR ACCURATE. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE OR OUR SERVICES, AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.You acknowledge that these disclaimers are an integral part of an agreement and that we would not provide you our services if you did not agree to these disclaimers.

 

4. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR MORE THAN THE AGGREGATE AMOUNT PAID BY YOU TO US WITHIN THE 12 MONTHS PRECEDING ANY CLAIM.

 

5. Indemnification

You agree that you shall indemnify, defend and hold harmless EarlyIQ, its officers, directors, employees and agents, and the entities that have contributed information to or provided services for our Website and/or Services against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees and cost) or liabilities of whatever nature or kind arising out of your use of our Website and/or Services and your use or distribution of any information obtained therefrom.

 

6. Governing Law

These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of California and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that EarlyIQ and its Services are deemed a passive website that does not give rise to personal jurisdiction over EarlyIQ or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of California. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in San Diego County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

 

7. Dispute Resolution

This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and EarlyIQ, including, without limitation, any dispute arising from or relating to the Website or the reported information, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in San Diego if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which EarlyIQ is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and EarlyIQ. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or EarlyIQ may seek any injunctive relief in a state or federal court in San Diego, California, as may be necessary to preserve rights pending the completion of arbitration and EarlyIQ may seek any injunctive relief in a state or federal court in San Diego, California, or another court of competent jurisdiction, at any time against any violations of Section 8 (Proprietary Rights) or Section 1 (Acceptable Use) of this Agreement.TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND EARLYIQ HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.

 

8. Proprietary Rights

All Content and other material posted or made available by and through the Site including, but not limited to, the design, selection, arrangement and coordination of such Content, is owned or licensed by or to EarlyIQ and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in these Terms and Conditions, no part of the Site, Content or other material posted or made available by and through the Site may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without EarlyIQ’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content other material posted or made available by and through the Site. The posting of information or material at the Site by EarlyIQ does not constitute a waiver of any right in such information and materials. EarlyIQ reserves all rights not expressly granted hereunder. The EarlyIQ name and logo are trademarks of EarlyIQ. All custom graphics, icons and service names are trademarks of EarlyIQ. All other trademarks are the property of their respective owners. The use of any EarlyIQ trademark without EarlyIQ’s express written consent is strictly prohibited. Disputes may arise between you and others or between you and EarlyIQ related to such Content or other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content or other material posted or made available by and through the Site; use or misuse of EarlyIQ information; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; infringement upon rights of publicity and/or privacy; the use or misuse of information; and violations of law. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to the Content or other information that you transmit, re-transmit or receive through the Site are your sole and exclusive responsibility. EarlyIQ expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on, through or in connection with the Site.

 

9. Bypassing or Disabling any Portion of the Site or Software

If you bypass or disable any portion of the Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other EarlyIQ systems, you are in violation of these Terms and Conditions and EarlyIQ may suspend or terminate your use of the Site without notice. Termination of your use of the Site will not excuse you from any criminal or other civil liabilities that may result from your actions.

 

10. Third Party Websites

The Site may contain links to other websites on the Internet that are owned and operated by third parties. In some instances, these websites are co-branded and the third parties are entitled to use EarlyIQ’s name and logo on their third party websites. EarlyIQ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by EarlyIQ of the applicable website or any association with the website’s operators. Because EarlyIQ has no control over such websites and resources, you agree that EarlyIQ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that EarlyIQ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

 

11. Use of Public Records Data

End User hereby certifies that its use of the Public Records Data is in compliance with all Data Source Requirements and for a lawful purpose, taking into account all Applicable Laws.  Notwithstanding the foregoing, End User shall not use the Public Records Data to determine eligibility for (i) credit or insurance, (ii) employment purposes, or (iii) any other purpose authorized under Section 604 of the FCRA.  End User shall not use the Public Records Data to deny or condition credit, insurance, employment, or a similar transaction or otherwise take adverse action against any consumer, as those terms may be defined under state or federal law.

 

12. International

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

 

13. Term and Termination

This Agreement will remain in full force and effect while you access or use the Website and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation and registered account is terminated. From time to time, EarlyIQ may make features available to users. EarlyIQ reserves the right, in its sole discretion, to include or cease providing these features at any time. Whether or not you are and remain eligible to use the Website or any EarlyIQ services, may be determined by EarlyIQ in its sole and absolute discretion. EarlyIQ may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to EarlyIQ are non-refundable. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

14. Acceptance of Terms and Conditions

You agree to these Terms and Conditions with respect to your use of the Site. These Terms and Conditions and the Privacy Policy constitute the entire and only agreement between you and EarlyIQ with respect to your use of the Site and supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Site and the content contained therein. EarlyIQ may amend these Terms and Conditions, in whole or in part, from time to time in its sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, Dispute Resolution Provisions) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Terms and Conditions will be posted on the Site, and you should review the Terms and Conditions prior to using the Site. By your continued use of the Site you hereby agree to comply with, and be bound by, the Terms and Conditions effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to these Terms and Conditions. You understand and agree that EarlyIQ is not responsible or liable in any manner whatsoever for your inability to use the Site.

 

15. Refund Policy

All refunds must be requested within 14 days after the purchase date. Refund requests must be in writing via email to support@earlyiq.com. Refunds will not be allowed once any aspect of the purchased product or service has been used - including but not limited to submission of personal or company information, identity verification, or other data submission or retrieval. Refunds will only be granted to the original purchaser of the product. Refunds may take up to 30 days to process.

 

version 1.3  Updated 09/22/2016

Follow Us

Twitter icon
Facebook icon
LinkedIn icon

Latest tweets @EarlyIQ

Copyright 2017 Early IQ, Inc.  Back to Top