Terms of Use
Effective Date: October 9, 2024
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, PLEASE READ THIS CAREFULLY.
Welcome to OurStates.org, a public records search service provided by OurStates ("we" or "us"). The OurStates website (located at OurStates.org, including all content under the domain name "OurStates.org") is owned and operated by us and referred to as the "Website." Your use of the Website is subject to your acceptance and compliance with the terms and conditions outlined in this document and its associated terms (referred to as the "Terms").
By accessing, viewing, or using the Website in any manner, you acknowledge and agree to be 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.
By using the Website, you also agree to be bound by the Binding Arbitration Clause and Class Action Waiver described in Section 9.
We reserve the right to modify these Terms at any time, and the latest version will be posted at https://www.ourstates.org/terms/. Any revisions or additions to these Terms will become effective and binding upon your continued usage of the Website on or after the effective date of such revisions or additions.
License and Usage Conditions
Upon your agreement to these Terms, we grant you a non-exclusive, non-transferable, revocable, 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. 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 responsible for your access to and use of the Website. We reserve the right to refuse service and terminate accounts at our discretion, including if we believe your conduct violates applicable laws, these Terms of Service, the Privacy Policy, or is harmful to our interests.
You may not use the Website or any Information received through the Website in a manner that violates any applicable law or regulation or contradicts these Terms. Additionally, you acknowledge that the Website contains public records sourced from various public and private sources, including offices, departments, and courthouses. We are not a consumer reporting agency as defined by the Fair Credit Reporting Act, and we do not compile or evaluate information to provide consumer reports.
You agree not to use the Information for stalking or harassing individuals, obtaining information under pretenses, or engaging in identity theft.
You may not access or use the Website through automated or non-human means, such as bots, spiders, scripts, or software. You are prohibited from using the Website for scraping, harvesting, mining, or any other data extraction methods. Additionally, you may not use the Website for any illegal or unauthorized purposes, including interference with the Website's operations or access, as well as the introduction of viruses, Trojan horses, worms, time bombs, cancelbots, or similar applications.
FCRA Notice
OurStates does not provide the Website or compile information for employment purposes and is not a "consumer reporting agency" as defined by the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended. The Information provided does not constitute "consumer reports" under the FCRA since they are not used or expected to be used, either wholly or partially, for any permissible purpose under the FCRA. OurStates aggregates and provides access to publicly available information for personal, non-commercial use only. You are expressly prohibited from using any information from search results to discriminate against consumers or for evaluating eligibility for credit, insurance, employment, housing, government licenses, or benefits, or affecting a consumer's economic or financial status. Any such use of information from search results may subject you to liability under the FCRA. You agree to indemnify, defend, and hold OurStates and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers harmless from any third-party claims, demands, expenses, or liabilities arising from your use of information from search results in a manner that falls under the jurisdiction.
Disclaimers
Your use of the Website is at your own risk. OurStates 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. OurStates is not affiliated with the United States Government or any federal or state government agency.
No Warranties
The website and all information are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. OurStates disclaims all warranties to the extent permitted by law.
Limitation of Liability
OurStates 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 OurStates has been advised of the possibility of such damages.
Indemnification
By using the Website, you agree to indemnify, defend, and hold harmless OurStates 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 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 obtained through the Website, (ii) your violation of these Terms, (iii) your violation or infringement of any laws or rights of another individual or entity, or (iv) any actual, prospective, or terminated relationship or transaction between you and any third party.
Location of the Site and Your Usage
The Website operated or controlled by OurStates is based in the United States. Additionally, OurStates may operate other websites from various locations within and outside the United States. Please note that OurStates does not guarantee the availability of all Website features outside the United States, nor does it warrant that accessing the Website from outside the United States is permitted. Furthermore, the Website may not be relevant or useful to all international users. You acknowledge that if you choose to access the Website from locations outside the United States, you do so at your discretion and are solely responsible for complying with applicable local laws.
Termination
We retain the right to terminate or limit your access to the Website for any reason, including but not limited to situations where we deem your usage unacceptable or if you violate any of the terms outlined in these Terms. While we may provide a warning before terminating or restricting your access to the Website, we are not obligated to do so. We shall not be held liable to you or any third party for such termination or restriction of your account and/or access.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – PLEASE READ CAREFULLY THIS IMPORTANT NOTICE TO UNDERSTAND YOUR RIGHTS
Arbitration Notice
Both you and we agree that any disputes or claims arising from or related to the Website and/or these Terms will be settled through confidential binding arbitration rather than in a court of law. Before initiating arbitration proceedings, the party raising the dispute ("Notice") must inform the other party and allow them thirty (30) days to discuss the resolution. The Notice should be sent to: OurStates 3571 Far West Blvd #3191 Austin, TX 78731. It must include a description of the nature and basis of the claims being asserted, as well as the sought-after relief.
If the claims described in the Notice cannot be resolved within thirty (30) days after it is sent, either you or we may commence arbitration proceedings. Arbitration does not involve a judge or jury, and the review of an arbitration award by a court is limited. However, an arbitrator can grant individual damages and relief, including injunctive, declaratory, or statutory relief, equivalent to what a court can provide. The arbitrator must adhere to the terms of these Terms of Service, just as a court would. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU VOLUNTARILY AND KNOWINGLY WAIVE YOUR RIGHT TO A TRIAL BY JURY AND AGREE NOT TO INITIATE A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply to the arbitration, which will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. All filing, administration, and arbitrator fees will be governed by the rules of the AAA.
The arbitration shall take place in the State of Massachusetts or at another mutually agreed location. If the arbitration involves a consumer, it will be held at a location convenient to the consumer. If the relief sought amounts to $10,000 or less, you or we may choose to conduct the arbitration via telephone or based solely on written submissions. The arbitrator may require an in-person hearing if deemed necessary. Attendance at an in-person hearing may be conducted by telephone unless otherwise mandated by the arbitrator.
The arbitrator will decide the merits of all claims in accordance with the laws of the State of Massachusetts, including principles of equity, and will respect all claims of privilege recognized by applicable law. The arbitrator will also decide any questions regarding the interpretation, applicability, or enforceability of this arbitration clause, except when a party files a claim in court based on being an Exempt Claim (as defined below). If a party files an Exempt Claim, the court presiding over that claim will determine whether it falls under this Arbitration Clause. The arbitrator's award will be confidential, final, and binding, and any court with jurisdiction may enter judgment based on the arbitrator's decision.
In the event that we make any changes to this section in the future (excluding changes to notice addresses or website links), those changes will not apply to any claims filed against us before the effective date of the change. Additionally, if we decide to terminate this section, such termination will not be effective until thirty (30) days after the version of these Terms of Service containing this section is posted on the websites. Termination will also not apply to any claims filed against us before the effective date of termination.
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: You have the option to opt out of this mandatory arbitration provision by sending a written request to us within sixty (60) calendar days of agreeing to this Arbitration Provision. The request must be sent by mail to OurStates at 3571 Far West Blvd #3191, Austin, TX 7873. Please include your name, address, and the date of your correspondence. This is the only way to opt out.
CLASS ACTION WAIVER:
BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US. If a claim proceeds in court rather than arbitration, both parties waive their right to a jury trial.
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 interpreted in accordance with 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.
Contact Information
If you have any questions about these Terms or need to contact us for any other reason:
Email: support@ourstates.org