Welcome to Unmask.com! UnMask, LLC (“Company”, “we”, or “us”) recommends that you read the following terms and conditions carefully. By accessing or using the Unmask.com website, including any software or mobile applications made available by Company (together, the “Website”), however accessed or used, you agree to be bound by these terms (the “Terms of Service” or the “Agreement”). Please take some time to review the Agreement you are entering. If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website, and you must immediately cease accessing or using the Website.
These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 11 (Dispute Resolution) for full details.
Unmask.com connects users interested in running public record searches with third-party service providers (collectively, “Vendors”). Vendors are third parties that may be affiliated with Company, but have their own contracts, rules, refund policies, and so forth as discussed more fully below.
Company is NOT a Vendor. We don't sell products or services, we don't accept payment from you, we don't fulfill your orders, and we don't process requests for refunds or exchanges. These issues need to be raised directly with the Vendor.
Company is NOT a not a consumer reporting agency, and Company's products and Website do not constitute a “consumer report,” as defined by FCRA. Company's products and Website may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA.
Company does NOT list all available Vendors for a particular Vendor Service. As explained below in the section entitled “How We Get Paid,” Company earns its money on the Website by promoting certain Vendors. As such, we do not provide a comprehensive list of all vendors or services that may be available in your area.
Company does NOT guarantee the availability of listed pricing or special offers for a Vendor Service. While we work hard to keep the Website up to date and as accurate as possible, Vendors are constantly changing prices for Vendor Services and limited-time offers run out. The pricing or offer terms communicated by a Vendor to us for publication on the Website may differ from those on the Vendor's own website or available through another third-party affiliate.
The Website is provided for free to users like you. Company makes its money through its relationships with the Vendors it promotes. Thus, if you click on a link on the Website and/or make a corresponding purchase on a Vendor's website, we may receive a commission.
By using the Website, you represent and warrant that you have read and understood, and agree to be bound, by this Agreement and Company's Privacy Policy (the “Privacy Policy”), which is incorporated into this Agreement by reference. The Privacy Policy is available https://unmask.com/privacy-policy/. Company encourages you to frequently check the Privacy Policy for changes.
Company is required to obtain your agreement to each of the following provisions in order to provide the Website in a legally compliant manner and to comply with requirements of its Vendors.
You understand that content and data provided on or through Company's Vendors (collectively or singly, “Content”) is sometimes entered poorly, processed incorrectly, and generally not free from defect. You agree that Company's products and Website should not be relied upon as accurate, timely or complete.
You understand that Content may contain sensitive information that is governed by various state and federal laws, and you agree that you are responsible for determining which laws apply based upon your obtaining or use of such information and Content. You further agree that you are solely responsible for complying with all applicable laws.
Any unauthorized use of Company's Website, mobile applications, and/or Content is expressly prohibited.
The Content provided on this Website or mobile applications is for your personal use only and not for commercial exploitation.
You understand that Company is not a consumer reporting agency, and the Content does not constitute a “consumer report,” as defined by FCRA. Company's products and Website may not be used to determine eligibility for credit, insurance, employment, or used for any other purpose governed by the FCRA, including, but not limited to the following:
Additionally, Content may not be used for any of the following purposes:
Company and its Vendors do not warrant the accuracy, completeness, timeliness, currentness, merchantability or fitness for a particular purpose of any Content.
Vendors shall have the same rights to indemnification that Company does under this Agreement.
This Agreement applies to your use of the Website only. If you purchase any services from a Vendor linked to the Website, the terms of your purchase may be governed by a separate written agreement, terms and conditions, refund and return policy, and/or other rules and restrictions between you and the vendor. Company is not party to your agreement with any Vendors and has no ability to intervene regarding the same.
By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
Internet technology and the applicable laws, rules, and regulations change frequently. Company reserves the right to change this Agreement and its Privacy Policy, in whole or in part, at any time upon notice to you (including by posting a new version or sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing the Website. Unless Company obtains your express consent, any revised Privacy Policy will apply only to information collected by Company after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.
Subject to your compliance with these Terms of Service, Company grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Company. All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
Opinions, advice, statements, or other information made available through the Website by third parties, including other users, are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (a) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.
The Website may be linked with the websites of third parties (“Third Party Websites”), including Vendors, some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content and performance of Third-Party Websites. Company has not reviewed, and cannot review or control, all the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Company disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
Company imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to Company or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from Company, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third Party Websites; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Website.
Unmask.com, the Unmask.com logo, the Unmask.com website domain(s), and all content and other materials available through the Website, exclusive of your content and the content of other users, (collectively, the “Company IP”) are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated because of your use of the Website will insure to the benefit of Company, and you agree to assign, and do assign, all such goodwill to Company. You shall not at any time, nor shall you assist others to, challenge Company's right, title, or interest in, or the validity of, the Company IP.
This section governs any dispute between you and Company, and how disputes will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you, and not to disputes between you and any other user or third-party vendor.
You agree that all claims and disputes between you and Company that arise out of this Agreement will be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Orlando, Florida (a “Court of Competent Jurisdiction”). You and Company stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.
If you and Company cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state, or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and Company agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and Company will each pay your own attorneys' fees and costs unless an award of attorneys' fees is available under applicable statute. The arbitrator's award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
You acknowledge that without this provision, you would have the right to sue in court with a jury trial.
You and Company agree that any arbitration or legal action shall be limited to the two of us as parties, and any joinder of or other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Company, including as a plaintiff or class member in any purported class action.
This agreement to arbitrate will not preclude you or Company from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.
We reserve the right to change the contents of this Website or to discontinue or change Website at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Website), and miscellaneous terms, shall expressly survive any termination of this Agreement.
You knowingly and freely assume all risk when using the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the“Company Parties”) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.
Without limiting any indemnification provision of this Agreement, you (the “Indemnitor”) agree to defend, indemnify, and hold harmless Company and the Company Parties (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim”, and collectively, “Claims”), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your access to or use of the Website; (iv) your provision to Company or any of the Indemnitees of information or other data; (v) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (v) your violations of Sections 3 and Sections 9 regarding prohibited uses of the Service and other prohibited conduct; or (vii) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.
Company, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither Company nor its licensors or suppliers warrants that the Website will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Company disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Company, Company Parties, or Company users, or their agents or representatives.
You agree that your use of the Website is at your sole risk. You will not hold Company or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.
In no event shall Company or its licensors or suppliers be liable to you for any claims arising from your use with the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Company or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The Website would not be provided without such limitations.
The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Company or between you and any of Company 's licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company's licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in section.
By providing your name, email, postal or residential address, and/or phone number through the Website, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Website, new product offers by Company and Vendors, promotions, and other matters. You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by contacting us at [email protected]. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing.
All notices required or permitted to be given under this Agreement must be in writing. Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Company. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You shall give any notice to Company by submitting said notice to us at [email protected].
Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Website.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will insure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Company's licensors and suppliers (to the extent expressly stated in this Agreement).
Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Company and Company's licensors and suppliers and would therefore entitle Company or Company's licensors or suppliers, as the case may be, to injunctive relief.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.