Terms & Conditions of Use

References to “Identingly,” “we,” and “us” in these Terms include Identingly past, present, and future subsidiaries, parent companies, members, and affiliates, as well as Identingly and each of these entities' agents, employees, officers, directors, predecessors in interest, successors, and assigns. In addition, in these same Sections, references to "You", “Your” , “CUSTOMER” include all authorized or unauthorized users or beneficiaries of services provided by Identingly to You or Your representative or agent, company.

These Terms and Conditions ("Terms") govern your use of our site and any services, features or content offered through our site or by Identingly.com (collectively referred to as "Services").

By using the Identingly.com services, CUSTOMER agrees to be bound by the following terms and conditions. If the CUSTOMER does not agree to these terms and conditions, please do not use the services of Identingly.com. These Terms require that disputes between us be resolved by binding arbitration rather than by jury trials or class actions and limit Your remedies in the event of a dispute.

CUSTOMER accept these Terms by creating an account (“Account”) or by accessing or using Identingly.com in any manner, even if the CUSTOMER does not create an Account with Identingly.com. CUSTOMERrepresent and warrant that the CUSTOMER is at least 18 years of age and of legal competence to enter into this agreement. If the CUSTOMER is using Identingly.com on behalf of another person or any entity, such as a corporation or other organization, CUSTOMER also represent and warrant that the CUSTOMER is accepting the Terms on that person's or entity's behalf. CUSTOMER also represent and warrant that the CUSTOMER (i) is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) CUSTOMER is not listed on any U.S. Government list of prohibited or restricted parties. Please read these Terms carefully before using our site or any of our Services.

IF THE CUSTOMER DOES NOT AGREE TO ALL OF THESE TERMS DO NOT USE IDENTINGLY.COM

Introduction and an Initial Note Regarding the Fair Credit Reporting Act and Related Obligations

Identingly.com provides a phone, name and vin lookup service that enables users to find publicly available information related to phone numbers, names, email and vin numbers. Our Services are intended to be used in compliance with applicable laws and regulations, including the Fair Credit Reporting Act. Information in our reports consist from various sources including but not limited to public records, social networks, business websites, other information repositories, commercial data brokers and third-party information providers (“Public Information”). This Public Information may be made available to users through the Identingly.com people search.

CUSTOMER may not use our Services for any unlawful purpose, including but not limited to, to stalk or harass individuals, to commit identity theft or fraud, or to violate any intellectual property rights.

Identingly does not verify this Public Information or any information it receives from various data sources. Identingly neither assembles nor evaluates each piece of information provided and makes no guarantees to Identingly users about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of Identingly.com, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through Identingly.com at Your own risk. The Public Information may include photos obtained from social network profiles. Identingly takes no responsibility for these photos.

Court records are provided for informational purposes only. While we endeavor to provide the CUSTOMER with the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. Identingly shall not be liable for any errors or omissions on this site. Anyone who uses any information provided by Identingly to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability. MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE THE CUSTOMER A COPY OF THE CUSTOMER’S CREDIT RECORD UPON REQUEST, AT NO CHARGE OR FOR A NOMINAL FEE.

Authorization to Access Background Report

CUSTOMER understands that by clicking on any “I AGREE” or a similar button on Identingly.com, CUSTOMER is providing “written instructions” to Identingly and its service providers under the FCRA authorizing Identingly to obtain information from CUSTOMER’S personal profile. CUSTOMER agrees that the information the CUSTOMER provides is true and correct, that the CUSTOMER is the person whose background report is being requested, and that the CUSTOMER is at least eighteen (18) years of age. The CUSTOMER authorizes the above parties to obtain such information solely for the purpose of accessing the CUSTOMER’s report to verify the CUSTOMER’S identity. Under the FCRA and related laws, any person who knowingly and willfully obtains a background report under false pretenses (for example getting a credit report on an individual without their consent), shall be fined under title 18, United States Code, imprisoned not more than two (2) years, or both.

Fair Credit Reporting Act (FCRA) Notice

The FCRA allows the CUSTOMER to obtain from each credit reporting agency a disclosure of all the information in the CUSTOMER’S credit file at the time of the request. Full disclosure of information in the CUSTOMER’s file at a credit reporting agency must be obtained directly from such credit reporting agency. The data or information the CUSTOMER is requesting from Identingly is not intended to constitute the disclosure of information by Experian, Equifax, and/or TransUnion as required by the FCRA or similar laws.

The FCRA provides that You may dispute inaccurate or incomplete information in Your credit report. The FCRA allows You to obtain a free disclosure from every national credit reporting agency of the nature and substance of all information in Your file at the time of the request. You may request Your free annual report under the FCRA, at www.annualcreditreport.com.

In addition, the FCRA allows You to obtain a copy of all of the information in Your consumer credit file from consumer reporting agencies for a reasonable charge.

You are also entitled to receive a disclosure free of charge directly from the consumer reporting agency under the following circumstances:

You have been denied credit, insurance or employment within the past sixty (60) days as a result of Your credit report.
You certify in writing that You are unemployed and intend to apply for employment in the sixty (60) day period beginning on the date on which You made the certification.
You are a recipient of public welfare assistance.
You have reason to believe that Your file at the credit reporting agency contains inaccurate information due to fraud.

The FCRA permits You to dispute inaccurate or incomplete information in Your credit file. Accurate information cannot be changed.

If You reside in the States of Colorado, Maine, Massachusetts, Maryland, New Jersey, Puerto Rico or Vermont, You may receive a free copy of Your consumer credit report once per year and if You are a resident of the State of Georgia You may receive two (2) copies per year.

Click here for a full text of Your Summary of Rights under the FCRA

Legal Compliance; No Use in Consumer Reports

CUSTOMER assumes full responsibility for determining and performing any necessary verification steps after receiving responses using Information as may be required to confirm that they relate to a specific identifiable consumer prior to further disseminating that information. CUSTOMER acknowledges and agrees that Information is only a pointer or indicator of possible records or data which may be of interest to CUSTOMER. CUSTOMER must perform additional steps, and exercise its own business judgment and methods to independently confirm the Information. Specifically, CUSTOMER must independently obtain information from another source to analyze Information from Identingly to determine whether Information matches the CUSTOMER’s personal information on the subject. Information may point to one or more items of public record or personal information, but does not identify a specific consumer. Information may contain names and other identifying information as abstracted from a variety of sources. Because only fingerprints can positively identify a unique individual, Information does not at any time constitute a communication about a specific individual.

CUSTOMER assumes full responsibility for determining the applicability of federal, state and/or local laws, ordinances, statutes and regulations which may apply at the time based upon CUSTOMER's intended use of or access to Information and for complying with the same prior to using or further disseminating any further data based in whole or in part on Information. This may include, by way of example, the federal Fair Credit Reporting Act ("FCRA"), the Driver’s Privacy Protection Act (“DPPA”) or Gramm-Leach Bliley Act (“GLBA”); however CUSTOMER's specific intended use of Information may require compliance with other federal, state and/or local laws, ordinances, statutes and regulations.

CUSTOMER warrants and represents that it is knowledgeable in the jurisdiction(s) in which it operates as to the federal, state and/or local laws, ordinances, statutes and regulations which may apply to CUSTOMER's business and its use of Information. Should CUSTOMER's intended use of Information include use for permissible purposes regulated by the federal Fair Credit Reporting Act ("FCRA"), after independent verification in accordance with above terms, CUSTOMER hereby acknowledges and agrees that many factors, known only to CUSTOMER at the time Information is procured from Identingly, affect whether or not any or all of the individual record information contained within Information is ultimately legally reportable to CUSTOMER's clients or users, said factors including but not limited to (i) the Permissible Purpose(s) for which Information is being requested and used, (ii) exceptions granted by statute, including FCRA exceptions based upon the anticipated salary of the applicant in the case of screening for employment purposes, (iii) state-specific requirements depending upon the location of the applicant, CUSTOMER, and/or CUSTOMER's client, and (iv) other information known only to CUSTOMER and not known to Identingly. CUSTOMER acknowledges its obligations as a CRA as defined by the FCRA (if such information shall be used under the FCRA) and certifies that it will (i) establish reasonable procedures to ensure that its end users have a permissible purpose for requesting a consumer report and that those end users will not use any consumer report provided by CUSTOMER for a single one-time use, including but not limited to requiring a certification of the same from its end users (ii) not insert Information directly into a consumer report, and Information will not be used directly to establish eligibility or make decisions for any purpose; (iii) maintain reasonable procedures to assure maximum possible accuracy of information it provides to its end users; (iv) provide end users with the following prescribed notices: Notice to Users, Summary of Identity Theft Rights, and a Summary of Your Rights under the Fair Credit Reporting Act; (v) comply with the requirements of FCRA §613 and send out all applicable notices when public record information is provided to end users for employment purposes; (vi) require its end users to comply with the requirements of FCRA §604(b) (conditions for furnishing and using Reports for employment purposes) and FCRA §615 (requirements for users of Reports); (vii) not request information about themselves, their families or friends other than as permitted by this Agreement and applicable law. CUSTOMER further agrees that CUSTOMER bears exclusive responsibility for determining the accuracy, legal reportability and relevance to a particular consumer of any information received using Information and that it shall follow reasonable procedures to assure maximum possible accuracy of data it reports.

Should CUSTOMER provide data after independent verification in accordance with above terms (and in no event provide any unverified Information) for an Employment Screening purpose, then CUSTOMER warrants and represents that it shall, prior to providing information obtained from Information in whole or in part which may be used to make an adverse decision with respect to an individual consumer, either (i) comply with §613(a)(1) of the FCRA by providing notification to the consumer of the fact that public record information is being reported, together with the name and address of the entity to whom the information is being reported; or (ii) comply with §613(a)(2) of the FCRA by maintaining strict procedures to verify that the information is complete and up-to-date by verifying the current public record status of the information.

CUSTOMER certifies that it will only use Information for a single use and will only provide data in a consumer report, after independent verification in accordance with above terms to end users (CUSTOMER’s clients) who certify the following, that they: (i) have a permissible purpose to request the information, and in no event shall an end user be permitted to request the information relating to themselves, their families or friends; (ii) have obtained a disclosure and authorization form from any consumer about whom they are requesting a consumer report which fully complies with the applicable provisions of the FCRA; (iii) will follow all applicable adverse action requirements in the FCRA, however, in no event will end user state that Identingly is a consumer reporting agency, unless required to do so by law; (iv) will not violate any Equal Employment laws or regulations in the use of any consumer reports; and (v) agree to take precautionary measures to protect the security and dissemination of all consumer report or investigative consumer report information including, for example restricting terminal access, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination and destruction of electronic and hard copy reports.

Scope of these Terms, License Grant, Electronic Signature and Legal Age Requirement

These Terms apply to your use of the Identingly.com site and Services. By using our site, the CUSTOMER is granted a limited, non-exclusive, non-transferable, and revocable license to access and use our site and Services solely for your personal, non-commercial use. In order to use our Services, you must be at least 18 years old and capable of forming a binding contract. By using our Services, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms.

Class Action Waiver, Mandatory Arbitration, Dispute Resolution, and Governing Law

By using our Services, you agree that any disputes, claims or controversies arising out of or related to these Terms or our Services will be resolved through individual arbitration in accordance with the rules of the American Arbitration Association. You agree that any claims or disputes must be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. These Terms are governed by the laws of the state where Identingly.com is located, without giving effect to any principles of conflicts of law.

Removing Your Information

If you would like your information removed from our site, please contact us at the email address or phone number provided on our site. We will make every reasonable effort to remove your information as quickly as possible.

Modification to these Terms

We may modify these Terms at any time, and any changes will be effective immediately upon posting on our site. Your continued use of our site or Services after any such changes constitutes your acceptance of the modified Terms.

Restrictions on Your Use of the Site and Information Obtained from Identingly.com—Your Obligations

You may not use our site or Services for any unlawful or unauthorized purpose, including, without limitation, to obtain information for any purpose other than for personal, non-commercial use. You may not use our site or Services to harass, stalk, or defame others, to send spam or unsolicited messages, or to commit any other illegal or unauthorized activity. By using our site or Services, you agree to comply with all applicable laws and regulations.

Some of Our Reserved Rights

We reserve the right to refuse service to anyone, to modify or discontinue our Services at any time, and to terminate your access to our Services at any time for any reason.

Billing Errors, Promotional Prices, and Discounts

If we make a billing error, please contact us immediately at the email address or phone number provided on our site. We may offer promotional prices or discounts from time to time, and we reserve the right to modify or discontinue any such offer at any time without notice.

Proprietary Rights

All the content and materials available on the website of Identingly.com, including but not limited to trademarks, logos, texts, images, graphics, software, and source codes, are the property of Identingly.com, its affiliates, or its licensors, and are protected by the applicable laws of the United States and international copyright, trademark, and other intellectual property laws. You agree not to use or exploit any of the content or materials of Identingly.com for any commercial purposes without obtaining the prior written consent of Identingly.com.

Your Grant of License to Feedback, et al. By submitting any feedback, suggestions, or ideas to Identingly.com, you grant Identingly.com a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully transferable license to use, reproduce, modify, distribute, display, and exploit the feedback, suggestions, or ideas for any purpose without any obligation to compensate you.

Posting Reviews, Social Media Forums, Rights to Use and Use at Your Own Risk

You agree that any reviews, feedback, or comments posted on the website of Identingly.com, or any social media forums affiliated with Identingly.com, become the property of Identingly.com, and may be used for any purpose without any obligation to compensate you.

Membership Requirements and Conditions: Registration, Account Username and Password, Term/Termination and Fees, Taxes and Billing

To access the reverse phone lookup services of Identingly.com, you must register and create an account. You are solely responsible for maintaining the confidentiality of your account username and password. You agree to provide accurate, complete, and updated information during the registration process.

You agree to pay all fees and charges associated with your use of the reverse phone lookup services of Identingly.com. The fees and charges may vary depending on the package and payment method you choose.

You agree to comply with the term and termination policies of Identingly.com. Identingly.com may terminate or suspend your account at any time without notice or liability.

Indemnification

You agree to indemnify, defend, and hold harmless Identingly.com, its affiliates, directors, officers, employees, agents, and licensors from any claim, demand, liability, damage, loss, cost, or expense, including attorneys' fees, arising out of or in connection with your use of the phone, email and vin lookup services of Identingly.com, your violation of these terms and conditions, or your infringement of any third-party rights. In addition, as a result of claims of any kind and in any form by third parties arising from CUSTOMER's breach of this Agreement, failure to properly safeguard information, use of Information, including but not limited to placement of Information into a consumer report, violation of applicable law or the illegal or improper obtaining, communication or use of Information.

Disclaimer of Warranties

The reverse phone lookup services of Identingly.com are provided on an "as is" and "as available" basis without any warranties or representations of any kind, whether express, implied, or statutory. Identingly.com does not warrant that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

Limitation of Liability and Damages

Identingly.com, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your use or inability to use the reverse phone lookup services of Identingly.com.

Links to other Websites, Advertisers, Third Party Products/Services, All at Your own Risk: Our website may contain links to other websites and advertisers. We are not responsible for the content, accuracy, or privacy policies of these websites. Your use of these websites, advertisers, and third party products/services is at your own risk.

To the extent permitted by law, Identingly shall have no liability to You for:

consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such;
loss of business, profits, business information, data, or business interruption, or any other pecuniary loss (even if Identingly has been told of the possibility of those damages);
for damages of any kind resulting in any way from unauthorized access to your Account (even if the unauthorized access was the result of our negligence); or
for direct damages, actually proven, exceeding the greater of (1) $1,000.00 USD or (2) the total amount You paid Identingly during the preceding 24-month period. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

EVEN IF IDENTINGLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT SHALL IDENTINGLYS’ LIABILITY UNDER ANY CLAIM MADE BY CUSTOMER EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO IDENTINGLY RELATING TO THE AFFECTED PORTION OF INFORMATION.

Identingly reserves the right, at any time, in Identingly’s sole and exclusive discretion, to amend, modify, suspend, or terminate Identingly.com, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Identingly shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

Cancellation Policy

You may cancel your subscription at any time by contacting our customer service team. Cancellation will take effect at the end of your billing cycle. No refunds will be provided for any unused portion of your subscription.

Refund Policy

We do not offer refunds for paid reports. We incur a cost to run a report for the data search that you provided, therefore we are unable to provide a refund.

Treatment of Reversals and Chargebacks

In the event of a reversal or chargeback, your account will be immediately suspended pending investigation. We reserve the right to pursue legal action against any party responsible for fraudulent chargebacks or reversals.

Equitable Relief

In the event of a breach of these terms and conditions, we reserve the right to seek equitable relief, including injunctive relief and specific performance, without the need for posting a bond or other security.

Entire Agreement

These terms and conditions constitute the entire agreement between you and Identingly.com and supersede all prior agreements and understandings, whether written or oral.

Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, or labor disputes.

Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any provision of these terms and conditions shall not be construed as a waiver of that provision or any other provision.

Misconduct

We reserve the right to terminate your account and/or refuse service to anyone engaging in fraudulent or abusive behavior, including but not limited to, unauthorized use of our website, breach of these terms and conditions, and spamming.

Transferability

You may not transfer or assign your subscription or any rights or obligations under these terms and conditions without our prior written consent.

Your Relationship with Identingly.com

Your use of our website does not create any agency, partnership, joint venture, or employment relationship with Identingly.com.

Notices

All notices required or permitted under these terms and conditions must be in writing and sent to the address provided on our website.

How to Contact Us

If you have any questions or concerns about these terms and conditions, please contact our customer service team: [email protected]

Important Reminder: Certain Prohibited Uses of the Site

Our website may not be used for any illegal or unauthorized purposes, including but not limited to, harassment, fraud, and spamming. Any violation of these terms and conditions may result in termination of your account and legal action.