Terms of Use
Effective Date: December 26, 2023
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.
Welcome to ourstates.org, a public records search service provided by Our States ("we" or "us"). The Our States 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, browsing, or using the Website, you agree to be legally bound by these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USAGE OF THE WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THE TERMS OF SERVICE, PLEASE DO NOT USE 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 Conditions of Use
Subject to your compliance with these Terms, we grant you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Website, its content, and any part thereof (collectively referred to as the "Website Content") solely for your personal, non-commercial, non-automated, and individual use. We retain all ownership rights to the Website, except those expressly granted to you. You are prohibited from selling, redistributing, republishing, modifying, creating derivative works from, or exploiting the Website Content. Our States, as well as our related companies or licensors, retain all rights, including intellectual property rights, to the Website Content. Throughout the duration of the rights in each country, in all languages, and across the universe, Our States and/or its related companies or licensors exclusively own and retain all rights, including worldwide copyright, to the Website Content. You may only use the Website Content in compliance with these Terms and are prohibited from modifying, renting, leasing, loaning, selling, distributing, redistributing, or creating derivative works based on the Website Content.
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 for the purpose of providing consumer reports.
You agree not to use the Information for stalking or harassing individuals, obtaining information under false 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
Our States 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. Our States 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 Our States 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
By using the Website, you explicitly agree that it is entirely at your own risk. Our States shall not be held liable for any loss, liability, cost, or damage arising directly or indirectly from your access to or use of the Website, including any content. This includes, but is not limited to, loss of use, system damage, impairment, interruption, lost data, cyber breaches, personal injury, or any other financial loss, regardless of whether it is based on contract, negligence, equity, or any other legal theory. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all information, services, and other content provided on the Website.
The information presented on the Website is sourced from records that are freely and publicly available from state and local offices, agencies, or departments. However, this data may contain errors and omissions. We do not guarantee the current or accurate nature of the information, and therefore, you should not rely on the Website to verify any individual's arrest, booking, or criminal records, or the condition of any vehicles. We also do not guarantee the correctness or completeness of the Website or the information provided. You understand that the availability of information may vary across states, and we may not have access to certain records that other parties may have. Additionally, there may be a delay between the receipt of certain records and their inclusion in the information provided. In the case of erroneous information, our sole obligation, upon written notification from you, is to correct the specific information in question.
For the most up-to-date records regarding any individual or vehicle featured on the Website, please contact the relevant state or local office, agency, or department. IT IS IMPORTANT TO NOTE THAT ALL INDIVIDUALS APPEARING ON THE WEBSITE ARE CONSIDERED INNOCENT UNTIL PROVEN GUILTY. Our States is not affiliated with the United States Government or any federal or state government agency.
No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR STATES PROVIDES THE WEBSITE AND INFORMATION "AS IS" AND "AS AVAILABLE" WITHOUT ANY KIND OF WARRANTIES, WHETHER EXPRESS OR IMPLIED. OUR STATES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER VIOLATIONS OF RIGHTS.
OUR STATES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE WEBSITE OR THE RESULTS OBTAINED FROM ITS USE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
THERE ARE NO WARRANTIES RELATING TO ANY VEHICLES FOR WHICH INFORMATION IS POSTED ON THE WEBSITE.
Our States does not guarantee that the Website will be uninterrupted or error-free, nor does it make any warranty regarding the accuracy or reliability of any information, service, or materials provided through the Website.
Limitation of Liability
OUR STATES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF THE WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, INCLUDING ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE WEBSITE. THIS INCLUDES ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE THROUGH WHICH OUR STATES OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES SHALL OUR STATES BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.
OUR STATES, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS SHALL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES; OR (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE WEBSITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES SHALL APPLY EVEN IF OUR STATES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSSES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED US DOLLARS ($100).
Indemnification
By using the Website, you agree to indemnify, defend, and hold harmless Our States 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 Our States is based in the United States. Additionally, Our States may operate other websites from various locations within and outside the United States. Please note that Our States 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 own 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 prior to 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 – IMPORTANT NOTICE – PLEASE REVIEW AS IT IMPACTS YOUR LEGAL 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 a period of thirty (30) days to discuss resolution. The Notice should be sent to: Our States 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: Both you and we agree that any disputes between you and us will be resolved through binding individual arbitration. By agreeing to this, you waive your right to participate in class-wide arbitration. In the event that a claim is brought to court instead of arbitration, both parties waive their right to a jury trial.
EXEMPT CLAIMS: There are two types of claims that are not subject to arbitration, provided certain conditions are met:
Claims brought on an individual basis in small-claims court are not required to be arbitrated. However, if there is an appeal from small-claims court or a change in the claim that renders the small-claims court unable to resolve it, the claim must be resolved through arbitration under the terms of this Arbitration Provision.
Claims brought on an individual basis to enjoin infringement or other misuse of intellectual property rights are not required to be arbitrated. Such claims may be brought in any court with jurisdiction. Both parties acknowledge that infringement or misuse of intellectual property rights can cause irreparable harm, and the prevailing party in such an action is entitled to recover costs and fees, including reasonable attorneys' 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 Our States 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.
Claims and Disputes Must Be Filed Within One (1) Year
Any cause of action or claim related to your use of the Website, including website or mobile application usage and other Website-related products, services, or content, must be filed within one (1) year after the claim or cause of action arises, to the extent permitted by law. This provision applies to you, as well as your heirs, successors, and assigns.
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.
General Conditions
These Terms constitute the entire agreement between you and us, governing your use of the Website and superseding any prior agreements, including earlier versions of these Terms.
These Terms do not create any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship. If any part of these Terms is deemed invalid or unenforceable, it will be interpreted to reflect the original intentions of the parties within the bounds of applicable law, while the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision in these Terms does not constitute a waiver of that provision or any other provision. No waiver of any provision, whether similar or not, constitutes a continuing waiver.
Contact Us
If you have any questions about these Terms or need to contact us for any other reason:
Email: support@ourstates.org