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Terms of Use

Effective Date: October 10, 2024

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, PLEASE READ THIS CAREFULLY.

Welcome to WhoisMind, a public records search service provided by WhoisMind ("we", "us"). The WhoisMind website (available at whoismind.com, including all content under the “whoismind.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 outlined in this document and its incorporated terms (the “Terms”).

By accessing, browsing, or otherwise using the Website, you agree to be legally bound by these Terms of Use. You must review these Terms of Use thoroughly. Engagement with the website signifies your acceptance of these terms. If you do not consent to these terms, please refrain from using the website.

Your acceptance of these Terms includes your agreement to be bound by the Binding Arbitration Clause and Class Action Waiver section.

We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here at https://www.whoismind.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.

License and Conditions of Use

Upon agreeing to these Terms, we grant you a limited license to access and use the Website and its content (including, but not limited to, text, graphics, images, photographs, and computer code, hereinafter referred to as "Website Content") strictly for personal, non-commercial purposes. It's important to note that this license is non-exclusive, non-transferable, and revocable. This license is subject to your full compliance with these Terms. All rights not expressly granted herein are reserved by us. Any commercial use, redistribution, public display, modification, or creation of derivative works of the Website Content is expressly prohibited without our prior written consent. All intellectual property rights in the Website Content are owned by us or our licensors and are protected by copyright and other laws. Unauthorized use of the Website Content may violate these laws and these Terms.

You are solely responsible for ensuring that your use of the Website complies with these Terms and all applicable laws. We reserve the right, at our sole discretion, to refuse service, terminate accounts, or restrict access to the Website for any reason, including, but not limited to, violations of these Terms, our Privacy Policy, or if we deem such actions necessary to protect our interests or comply with legal requirements.

You must not use the Website or any information obtained from it (the "Information") in a manner that violates any applicable laws or regulations. The Website compiles public records from various sources, but it is not a consumer reporting agency as defined by the Fair Credit Reporting Act ("FCRA"), and the Information provided is not intended for use in generating consumer reports.

You agree not to use the Information for stalking, harassment, fraud, or identity theft.

Automated access to the Website, including the use of bots, spiders, scripts, or similar technologies, is prohibited. You may not engage in data scraping, mining, or any other activity aimed at obtaining data or interfering with the operation of the Website.

FCRA Notice

WhoisMind does not provide the Website or compile 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 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. WhoisMind simply aggregates and provides access to publicly available information for personal and non-commercial use only. You are EXPRESSLY PROHIBITED from using any information from search results (a) to discriminate against any consumer; (b) to consider 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 WhoisMind 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.

Disclaimers

Your use of the Website is at your own risk. WhoisMind disclaims all liability for any loss, damage, injury, or expense you may incur due to using or accessing the Website, whether directly or indirectly. We do not warrant the accuracy, completeness, or timeliness of the Information provided on the Website. The Website aggregates public records, which may contain inaccuracies or need to be updated. Users are advised to verify any information obtained from the Website before taking any action.

WhoisMind is not affiliated with the United States Government or any federal or state government agency.

No Warranties

The website and all information provided are "as is" and "as available" without any warranties, express or implied, including merchantability, fitness for a purpose, or non-infringement. WhoisMind disclaims all warranties to the extent allowed by law.

Limitation of Liability

WhoisMind shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use, or the inability to use, the website or any information obtained through the website, even if WhoisMind has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless WhoisMind and its officers, directors, agents, employees, partners, affiliates, licensors, 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 Information you obtain through the Website and (ii) your violation of these Terms; (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective, or terminated sale or other transaction between you and a third party.

Location of the Site and your Use

While WhoisMind controls and operates the Website from the United States, we make no representation that the Website or the Information is appropriate or available for use in locations outside the United States. Access to the Website from territories where its contents are illegal is prohibited. Users accessing the Website from locations outside the United States do so on their initiative and are responsible for compliance with local laws.

Termination

We reserve the right to terminate or restrict your access to the Website for any reason, or 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 these Terms. We may, but shall be under no obligation to, provide you with a warning before terminating or restricting your use of the Website. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.

ARBITRATION AND CLASS ACTION WAIVER - PLEASE READ THIS IMPORTANT NOTICE CAREFULLY TO UNDERSTAND YOUR RIGHTS

  • A. Notice of Arbitration

    Both you and the company agree that any disputes or claims concerning the website or these terms will be settled through confidential binding arbitration instead of in court. This process begins with sending a Notice of Dispute ("Notice") to the other party, allowing 30 days to attempt resolution. Notices should be directed to: WhoisMind, PO Box 990142 Boston, MA 02199, including details of the dispute and the resolution sought. Should there be no resolution within 30 days of the Notice, either party may proceed to arbitration. No judge or jury is involved in arbitration, and review by a court is limited. Yet, an arbitrator can grant the same remedies that a court can, following these terms of service as a court would. By agreeing to arbitration, you consciously waive your rights to a jury trial and court proceedings in state or federal court. Arbitration will be governed by the Federal Arbitration Act, with the American Arbitration Association (AAA) overseeing the process according to its rules. All arbitration costs will adhere to AAA's guidelines. Arbitrations will take place in Massachusetts or another agreed location. If the dispute involves a consumer, the location will be convenient for them. For claims under $10,000, the process can be through telephone or written submissions unless an in-person hearing is deemed necessary. The arbitrator will base their decision on Massachusetts law, upholding all applicable legal privileges. They also have the authority to interpret this arbitration clause unless exempt claims are filed in court, which the court will then determine. Any changes to this section (except for notice address or website link changes) will not apply to claims made before the change. Attempts to terminate this section will not impact claims made before the termination becomes effective.

    CLASS-WIDE ARBITRATION WAIVER: By agreeing, you waive the right to engage in class-wide arbitration against us. Should any dispute advance to court, both parties give up the right to a jury trial.

    EXEMPT CLAIMS: Certain claims, including small claims court actions and individual actions to stop intellectual property infringement, are not subject to arbitration. Successful parties in intellectual property cases may recover costs and fees.

    OPT-OUT OPTION: You have 60 days from agreeing to these terms to opt out of arbitration by writing to WhoisMind at the provided address.

  • B. Waiver of Class Action Rights

    You forgo the right to participate in class action lawsuits against the company. This applies if a claim progresses to court instead of arbitration, with both parties waiving the right to a jury trial

  • C. Time Limitation on Claims

    Any legal claims related to your website use must be initiated within one year from the claim's emergence. This limitation applies broadly to you and your successors.

Governing Law and Jurisdiction

These Terms will be governed by and construed under the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.

Severability and Waiver

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Amendments and Modifications

We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

Contact Information

If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us or write:

WhoisMind
PO Box 990142
Boston, MA 02199