TERMS AND CONDITIONS FOR USE OF WARRANTCHECK
These Terms and Conditions were last updated on 11/30/18
Thank you for visiting WarrantCheck™, located at www.warrantcheck.me, a service that aggregates law enforcement data to determine whether you or the person of your search has an outstanding warrant for arrest. The information contained on the WarrantCheck Website and gathered by WarrantCheck directly and/or through WarrantCheck representatives is the property of WarrantCheck (“WarrantCheck”, “our”, “we”, “us”, or “Website”). WarrantCheck is NOT affiliated with any state, local, or federal government agency and is a privately operated entity, incorporated in California.
WarrantCheck does not provide private investigator services, and is not a consumer reporting agency as defined by the Fair Credit Reporting Act (“FCRA”), 15 USC 1681 et seq. The information provided by Warrantcheck is NOT collected or provided, in whole or in part, for the purpose of serving as a factor in establishing a person’s eligibility for (a) credit or insurance to be used primarily for personal, family, or household purposes; (b) employment purposes; or (c) in connection with a business transaction initiated by an individual consumer for personal, family, or household purposes.
WarrantCheck does not make any representation or warranty as to the credit worthiness, credit standing, character, general reputation, or integrity of any person who may be the subject of a WarrantCheck search. The additional protections afforded to consumers and obligations placed upon consumer reporting agencies under the FCRA are not contemplated by, nor contained within these terms and conditions.
By using the services of WarrantCheck, you are agreeing to a mandatory arbitration of disputes that generally requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limits the remedies available to you in the event of a dispute. Any and all potential disputes are to be assigned to arbitration in Los Angeles, California.
These Terms and Conditions become effective when you submit the online application for WarrantCheck at https://www.warrantcheck.me
Modifications to the Terms and Conditions of WarrantCheck™
WarrantCheck may, in its discretion, change, amend, and/or modify these Terms and Conditions, in whole or in part, effective immediately upon posting modified Terms and Conditions to the Site and/or through email notification. Please note that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification date; and (ii) any modification to the Fees and Billing section shall not apply to any charges incurred prior to the applicable modification date. If after seven (7) days of the effective date of any changes, amendments, or modifications to the Terms and Conditions, you continue to use the services of WarrantCheck, your use manifests assent and agreement to the revised Terms and Conditions. You have the right to opt out of using WarrantCheck services and cease any and all business transactions at any time.
Obligations of WarrantCheck™
WarrantCheck is a service that communicates with courts and/or other common sources of bench warrants to determine whether you or the person of your search has an outstanding warrant for arrest.WarrantCheck also employs representatives to conduct live inquires. The information provided by WarrantCheck may not be 100% accurate, complete, or up to date. As such, do not rely on WarrantCheck as a substitute for your due diligence, especially if you have concerns about a person’s criminal history or your own status. WarrantCheck does not make any representations or warranties about the accuracy of the information available through our Website or from our representatives. WarrantCheck also does not make any representations or warranties about the character, reputation, or integrity of you or the person of your search. While we strive to deliver results within one full business day if it all possible, we make absolutely no assurance, guarantee, promise, implied or expressed warranty about this delivery or “turnaround” time. Certain search results may be significantly delayed by days, weeks, or even months on account of a variety of internal and/or external reasons.
WarrantCheck has no other obligations, except as expressly stated in these Terms and Conditions. You, as a WarrantCheck user, are solely responsible for your use of any and all information provided from the WarrantCheck search, though WarrantCheck strongly urges you or the subject of the search to comply with the law in the event that an arrest warrant is confirmed. WarrantCheck reserves the right but maintains no obligation to (1) Monitor, review, or otherwise police your or others’ use of the WarrantCheck Website;and/or (2) Verify the identity of any person using WarrantCheck services.
User Conditions of WarrantCheck™ Services
To access WarrantCheck services and representatives, you must be at least eighteen (18) years of age and supply WarrantCheck with the requisite personal information on the homepage to begin your service profile in preparation for comprehensive warrant search. If at any time any of your submitted information changes, you must immediately notify WarrantCheck of these changes. WarrantCheck reserves the right to reject your Application for services and/or terminate your service agreement at any time and for any reason.
WarrantCheck reserves the right to restrict, suspend, or terminate your service agreement, with or without cause. You may terminate your service agreement by providing three (3) business days’ prior written notice to WarrantCheck.
- Fees and Billing
If you fail to make any scheduled payment for fees, such overdue amounts may be subject to interest charges in the amount of the lesser of one and one half percent (1.5%) per month, compounded monthly, or the maximum amount permitted by law. Further, your access to the information provided by WarrantCheck and our representatives may cease.
You agree to indemnify and hold WarrantCheck, its parents, subsidiaries, affiliates, joint ventures, and third-party service providers, and each of their respective members, officers, directors, employees, agents, shareholders, content licensors, suppliers, contractors, attorneys, and other partners, harmless from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party, including, but not limited to, by any Search Subject, arising from or related to: (a) your use of the information received from WarrantCheck; or (b) your failure to comply with these Terms and Conditions including, but not limited to, your violation of any laws.
Disclaimer of WarrantCheck™ Warranties
INFORMATION OBTAINED FROM WARRANTCHECK AND WARRANTCHECK REPRESENTATIVES AND/OR ANY AND ALL INFORMATION CONTAINED THEREIN FROM WARRANTCHECK SERVICES, ARE PROVIDED ON AN “AS AVAILABLE” BASIS. ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE INFORMATION AVAILABLE BY WARRANTCHECK MAY NOT BE 100 % ACCURATE, COMPLETE, OR UP TO DATE; DO NOT RELY ON WARRANTCHECK SERVICES, REPRESENTATIONS, ANY INFORMATION PROVIDED THEREIN, OR ITS CONTINUATION. YOUR USE OF WARRANTCHECK SERVICES IS AT YOUR OWN RISK.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WARRANTCHECK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, CO-BRANDERS, CONTENT LICENSORS, SUPPLIERS, CONTRACTORS, ATTORNEYS, AND OTHER PARTNERS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WARRANTCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW, ARISING FROM OR RELATED TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, WARRANTCHECK CHECKS, MEMBER SERVICES, OR ANY OTHER WARRANTCHECK PRODUCTS OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR PURCHASE OF OR OBTAINING ANY WARRANTCHECK PRODUCTS, SERVICES, CONTENT, OR OTHER DATA THROUGH THE SITE; (c) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA OR ANY OTHER INFORMATION ABOUT YOU MAINTAINED BY WARRANTCHECK; AND (d) ANY OTHER DISPUTE RELATING TO THE SITE, ANY INFORMATION CONTAINED THEREIN, OR ANY OTHER WARRANTCHECK PRODUCTS OR SERVICES. THIS LIMITATION APPLIES TO ALL STATUTORY AND COMMON-LAW CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY AND ALL OTHER TORTS.YOU HEREBY RELEASE WARRANTCHECK AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES, AND THIRD-PARTY SERVICE 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 OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION CONTAINED THEREIN, THE CONTENT, WARRANTCHECK CHECKS, MEMBER SERVICES, OR ANY OTHER WARRANTCHECK PRODUCT OR SERVICE MAY BE BROUGHT BY YOU OR WARRANTCHECK MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WARRANTCHECK. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CLASS ACTION WAIVER
Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not permitted. Nor is combining individual proceedings without the express written consent of all parties.
Arbitration and Dispute Resolution
These Terms and Conditions shall be treated as though they were executed and performed in Los Angeles, CA and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles).At WARRANTCHECK, we expect that our customer service team will be able to resolve most complaints you may have regarding our provision or your use of the Member Services or WARRANTCHECK Checks. If you have such a complaint, you can contact our customer service team. In the unlikely event that your complaint remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and WARRANTCHECK agree to the following resolution process for all disputes and claims that you or WARRANTCHECK have arising from our provision or your use of the Member Services or WARRANTCHECK Checks (each a “Service Claim”).
In an attempt to find the quickest and most efficient resolution of any Service Claim, you and WARRANTCHECK agree to first discuss the Service Claim informally for at least 30 days. To do that, the party who brings the Service Claim must first send to the other party a notice that must include (1) a description of the Service Claim and (2) a proposed resolution (together, the “Claim Notice”). If you want to raise a Service Claim, you must send your Claim Notice by certified mail to us at: WARRANTCHECK, Attn: Legal Department, 1050 Lakes Drive, Suite 229, West Covina, CA 91790. If we would like to subsequently discuss your Service Claim with you, we will contact you using the e-mail address or mailing address you provide in your letter to us. If WARRANTCHECK wants to raise a Service Claim, we will send our Claim Notice to you at the e-mail address that we have on file for you. If we do not have an e-mail address for you on file, WARRANTCHECK will send our Service Claim to you through a means that complies with the service of process rules of the State of California.
IF YOU AND WARRANTCHECK DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND WARRANTCHECK AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION USING ITS CONSUMER ARBITRATION RULES, AVAILABLE HERE.
TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND WARRANTCHECK AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES; OTHERWISE, THE CLAIM IS WAIVED.
When the 30-day period described above has elapsed, you may initiate the arbitration through the process described in the AAA’s Consumer Rules.
IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, BOTH YOU AND WARRANTCHECK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER PARTY FOR SERVICE CLAIMS THAT ARE COVERED BY THIS “ARBITRATION AND DISPUTE RESOLUTION” SECTION. THE ARBITRATOR'S DECISION WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
The prevailing party in the arbitration proceeding shall be entitled to collect attorney’s fees and costs from the adverse party.
If you're not sure what all of this means, of course please feel free to ask an attorney.
Agreement In Summary
WarrantCheck’s failure to enforce a breach of or insist upon strict adherence to any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of WarrantCheck’s right to enforce breaches of or insist upon strict adherence to such provision or any other provision of these Terms and Conditions. Subject to the terms of this agreement, any waiver of a provision of these Terms and Conditions must be contained in a signed writing by an appointed officer of WarrantCheck.
Misconduct & Severance of Service
WarrantCheck reserves the right to restrict, suspend, or terminate your access to WarrantCheck services and representatives if we determine that you have violated these Terms and Conditions.
Your Relationship with WarrantCheck™
Nothing in these aforementioned Terms and Conditions creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between WarrantCheck and you or any other party using WarrantCheck services and/or accessing our representatives. You have no authority to make or accept any offers or make any representations on behalf of WarrantCheck.
DISCLAIMER OF GUARANTEE AS TO, BUT NOT LIMITED TO, RESULTS ACCURACY AND COST:
We make absolutely no guarantee, employed or express warranty, assurance or promise of the results we provide to you are accurate. "Find out if you have a warrant for less than or about the price of a cup of coffee“ or words of similar configuration, verbiage or import are figurative and metaphorical only and never to be interpreted literally. “A cup of coffee“ is merely a loose standard of measure and not intended in anyway whatsoever to be a precise articulation of cost. In fact, the cost of our services may exceed what you experientially know a cup of coffee to cost. Hence the reason why we do not intend it literally in any way, shape or form.