Terms of Use

Last Updated: November 29, 2019

These terms of use (the “Terms”) apply to your use of all of the website https://www.everyjoe.com, together with all its subdomains (the “Website”). The Terms also apply to all products, information, and services provided through the Websites (the “Services”).

These Terms form a binding legal agreement between you and us in relation to your use of the Website and the Services.

1. Your Agreement to the Terms

BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

2. Changes to the Terms

From time to time, we may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website. All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

3. License

We grant you a non-exclusive, non-transferable, limited and revocable license to use the Services subject to this Terms. You may use the Services and information acquired from your use of the Services for personal use only, provided that such personal use is not to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act.

4. Information Available through the Services

We aggregate publicly available information from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources (“Information”). This Information may be made available to users through the Services.

Please note that we are not the source of Information made available through the Services. You should contact the data broker, website or service hosting Information to have it removed.

We are not a consumer reporting agency as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), and Information has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined by the FCRA.

We do not verify Information and we do not evaluate each piece of Information and make no guarantees to you about the accuracy, legitimacy, or legality of any Information or how recently any Information was collected or updated. You acknowledge that we do not make any representations or warranties about Information which you may have access to as part of, or through your use of, the Services. Inaccuracies in Information may exist and certain Information may be omitted. Under no circumstances are we liable in any way for any Information, including, but not limited to: any infringing Information, any errors or omissions in Information, or for any loss or damage of any kind incurred as a result of the use of any Information posted, transmitted, linked from, or otherwise accessible through or made available via the Services.

You agree that you are solely responsible for your reuse of Information made available through the Services.

You may not use the Services or any Information obtained from the Services:

  • to engage in activities that would violate applicable local, state, national or international law, or any regulations;
  • to make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that you are solely responsible for ensuring that telephone calls made or email or text messages sent using Information obtained from the Services are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. We does not scrub any phone numbers available through the Services through the National Do Not Call Registry or any other do-not-call registries;
  • to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment or volunteering purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b) (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, or similar state statutes.

5. Prohibited Conduct

You agree not to engage in any of the following activities:

1. Violating laws and rights:

  • You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation:

  • You may not use the Services or any Information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption:

  • You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Impersonation or unauthorized access:

  • You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
  • You may not use or attempt to use another’s personal information without authorization; and
  • You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through any other means.

6. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE OFFER THE SERVICES (INCLUDING ALL INFORMATION AND CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION AND CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE INFORMATION AND CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

7. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY INFORMATION AND CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

To the extent authorized by law, you agree to indemnify and hold harmless us, our employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, and/or (b) your use of any of the Services.

9. Privacy Policy

We are committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy so you are aware of how we collect and use your information.

10. Termination

By us: We may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by us at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services terminates automatically upon your breach of any of the Terms.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination.

11. Miscellaneous Terms

Choice of law: The Terms are governed by and construed by the laws of the State of Delaware in the United States, not including its choice of law rules.

Waiver of Class Action and Jury Trial and Consent to Binding Arbitration: In any legal proceeding relating to the Website and/or the Services, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. Any claim, controversy, or dispute that arises under your use of the Website and/or the Services or relates to the Website and/or the Services shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or from your use of any of the Services

Integration: These Terms and any applicable Additional Terms constitute the entire agreement between you and us relating to this subject matter and supersede any and all prior communications and/or agreements between you and us relating to access and use of the Services.