These Terms only apply if these Terms were displayed to you at the time you subscribed to use the Enterprise Services.
If your organization signed an Enterprise Services Agreement with Spokeo, that agreement may be different from the terms below. Please contact Customer Care for details.
These Terms constitute a legal agreement between Subscriber and Spokeo and govern all use of the Enterprise Services, including all information provided through the Enterprise Services. By accessing, browsing, or using the Enterprise Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Spokeo may update these Terms at any time, with or without notice to Subscriber. Each time Subscriber accesses the Enterprise Services, Subscriber agrees to be bound by the Terms then in effect. The most current version of these Terms can be accessed at https://www.spokeo.com/terms-of-use-enterprise.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE ENTERPRISE SERVICES
References to “Spokeo,” “Subscriber,” “we,” and “us” in these Terms include (where appropriate) Spokeo’s and/or Subscriber’s respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns.
1. Registration and Account Information
a. Access to the information provided through the Enterprise Services requires Subscriber to register and create an Account. In connection with registering or creating an Account, Subscriber will create a Login and Password.
b. By registering or creating an Account, Subscriber represents that the information provided to Spokeo is accurate and complete, and agrees to inform Spokeo of any changes to that information.
c. Subscriber agrees not to disclose any Login or Password for use of the Enterprise Services to anyone other than its authorized employees, even if such individuals claim to be employees of Spokeo.
d. Subscriber agrees not to transfer, sub-license, sell, or assign Subscriber’s rights in Subscriber’s Account. Subscriber agrees that its use of the Subscriber Account will be for the Subscriber's internal use only.
e. Subscriber is responsible for maintaining the confidentiality of Subscriber’s Account, Login, and Password, and for restricting access to any computers used to access the Enterprise Services. Subscriber agrees to accept responsibility for all activities that occur under Subscriber’s Account, Login, or Password.
f. Any unauthorized use of Subscriber’s Account is subject to these Terms as though Subscriber were using the Account.
g. Subscriber must notify Spokeo immediately of any suspected or actual unauthorized use of Subscriber’s Account, Login, or Password by sending an email to email@example.com.
h. Subscriber may specify users of Subscriber’s account as “Administrators” and “Managers” through the administrative console. Administrators and Managers may have the ability to monitor, restrict, or terminate access to the Subscriber’s Account. Spokeo's responsibilities do not extend to the internal management or administration of Subscriber’s Account. Subscriber is responsible for: (i) maintaining the confidentiality of Logins and Passwords; (ii) managing access to the Enterprise Services; and (iii) ensuring that use of the Enterprise Services complies with this Agreement.
i. The Enterprise Services are not intended for users under the age of 18. Subscriber will ensure that it does not allow any person under 18 to use the Enterprise Services. Subscriber will promptly notify Spokeo of any unauthorized use of or access to the Enterprise Services.
a. Spokeo grants Subscriber a nonexclusive, nontransferable, revocable, limited license to access and use the information available through the Enterprise Services, strictly subject to and in accordance with these Terms and the Usage Restrictions described herein.
b. Certain content provided through the Enterprise Services may be sourced from other third party sites and if noted, is subject to the Creative Commons Attribution-ShareALike License. Subscriber’s use of any such content must also comply with those license terms.
c. Spokeo reserves the right to terminate this license at any time and for any reason. Subscriber’s failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and Subscriber must immediately destroy all copies of any downloaded materials in its possession or control.
d. Except for the limited license set forth in these Terms, Spokeo does not grant Subscriber any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
e. Subscriber is not an agent or representative of Spokeo and will not represent that it is to any third party.
3. Usage Restrictions
By accessing, browsing, or using the Enterprise Services or the information provided through the Enterprise Services, Subscriber agrees to the following restrictions:
a. Subscriber will not use, intentionally or unintentionally, any of the information acquired through the Enterprise Services in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.
b. Spokeo is not a consumer reporting agency, and Subscriber will not use any of the information acquired through the Enterprise Services as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes, or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act, 15 U.S.C.A. § 1681, et seq. (the “FCRA”), Federal Trade Commission or court interpretations of the FCRA, and similar state statutes.
c. Subscriber will not use any information acquired through the Enterprise Services to make any telephone call or send any commercial email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state laws. Subscriber acknowledges that Subscriber is solely responsible for ensuring that telephone calls made or email or text messages sent using information acquired through the Enterprise Services are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Spokeo does not scrub any phone numbers contained in the Enterprise Services through the National Do Not Call Registry or any other do-not-call registries.
d. Subscriber will not use any of the information acquired through the Enterprise Services in any manner that may violate any local, state, federal, or international privacy law to which Subscriber may be subject on the basis of Subscriber’s location or the location of the person searched. Subscriber agrees not to search for, or submit to Spokeo, information relating to persons that reside outside of the United States.
e. Subscriber will not use the Enterprise Services in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of Spokeo’s computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website.
f. Subscriber will not interfere with any other party's use and enjoyment of the Enterprise Services, or of any of the information provided through the Enterprise Services.
g. To the extent that Subscriber is able to upload, post or otherwise transmit content using the Enterprise Services, Subscriber will not upload, post, or otherwise transmit any content that Subscriber does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
h. Subscriber will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Enterprise Services, through password mining, hacking, or any other means.
i. Subscriber will not seek to gain access to any materials or information through any means not intentionally made available by Spokeo.
j. Subscriber will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without Spokeo’s prior written consent.
k. Subscriber will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without Spokeo’s prior written consent.
l. Subscriber will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without Spokeo’s prior written consent.
m. Subscriber will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users.
n. Subscriber will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the information provided through the Enterprise Services without Spokeo’s prior written consent.
o. Subscriber will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
p. Subscriber will not (i) sell, resell, lease, license, sublicense, or otherwise provide the Enterprise Services or any of the information provided through the Enterprise Services; (ii) use the Enterprise Services for activities where use or failure of the Enterprise Services could lead to physical damage, death, or personal injury; or (iii) reverse engineer the Enterprise Services, nor attempt nor assist anyone else to do so, unless this restriction is prohibited by law.
4. Information Available Through Spokeo’s Enterprise Services
a. The information that may be made available to Subscribers through the Enterprise Services is aggregated by Spokeo from phone books, social networks, marketing surveys, real estate listings, business websites, and other public sources.
b. Spokeo does not verify the information that is available through the Enterprise Services. Spokeo does not evaluate each piece of information provided to Spokeo and makes no guarantees to Subscribers about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. The information available through the Enterprise Services may include photos obtained from social network profiles. Spokeo takes no responsibility for these photos.
c. Court records are provided for informational purposes only. While Spokeo endeavors to provide the most up to date and comprehensive information, certain inaccuracies may still exist and certain records may be omitted. Spokeo shall not be liable for any errors or omissions in the information provided through the Enterprise Services. Anyone who uses any information provided by Spokeo to commit a crime or to harass an individual or his or her family may be subject to criminal prosecution and civil liability.
Spokeo does not allow individuals to opt-out (i.e. suppress display) of court records which pertain to them, unless an Order of Expunction or Sealing is provided. An individual seeking to opt-out of court records which pertain to that individual may email a copy of any such Order to firstname.lastname@example.org. Spokeo will only suppress or delete those records specifically noted in the Order. A conviction may be expunged, but unless the Order also specifies expungement of the associated arrest record, it will remain on our systems.
5. Disclaimer of Warranties
a. SPOKEO PROVIDES THE ENTERPRISE SERVICES AND THE INFORMATION AVAILABLE THROUGH THE ENTERPRISE SERVICES “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO:
i. WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, AND NONINFRINGEMENT; AND ii. WARRANTIES THAT ACCESS WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE.
b. BY ACCESSING, BROWSING, OR USING THE ENTERPRISE SERVICES, SUBSCRIBER ACKNOWLEDGES THAT PROVISION OF THE INFORMATION PROVIDED THROUGH THE ENTERPRISE SERVICES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA.
6. Limitation of Liability
a. To the extent permitted by law, in no event will Spokeo be liable, in contract, tort, strict liability, or otherwise, for any of the following:
i. Indirect, incidental, special, punitive, exemplary, or consequential damages of any kind arising out of, or in connection with use of the Enterprise Services or the information provided through the Enterprise Services, whether or not Spokeo has been advised of the possibility of such damage.
ii. Loss of business, profits, business information, or business interruption, or any other pecuniary loss.
iii. For direct damages, actually proven, exceeding the amount Subscriber paid for the Enterprise Services. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
iv. Any claim relating to Spokeo’s procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the information provided through the Enterprise Services.
v. Any decision made or action taken by Subscriber in reliance upon the availability of or information made available through the Enterprise Services. Subscriber agrees to rely on the information available through the Enterprise Services at Subscriber’s own risk.
b. Spokeo reserves the right, at any time, in Spokeo’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Enterprise Services and any information or content, or any part thereof, and/or Subscriber’s use of or access to them, with or without notice. Spokeo shall have no liability to Subscriber or any other person or entity for any modification, suspension, or termination, or any loss of related information.
a. Subscriber agrees to indemnify, defend, and hold Spokeo and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, settlements, and costs, including reasonable attorneys' fees, resulting from or alleged to result from any violation of these Terms by Subscriber or Subscriber’s use of the Enterprise Services.
b. Spokeo reserves the right to assume exclusive control of its defense in any matter subject to indemnification by Subscriber, which shall not excuse Subscriber’s obligation to indemnify Spokeo. Subscriber shall not settle any dispute subject to Subscriber’s indemnification under these Terms without written consent from Spokeo.
c. Subscriber agrees that any breach by Subscriber of these Terms would cause Spokeo irreparable harm and that, in addition to money damages, Spokeo shall be entitled to injunctive relief, without having to post a bond.
a. Spokeo may assign this agreement at any time without notice to Subscriber. Subscriber may not assign this agreement to anyone else, and any attempt to assign shall be void.
10. Payment Terms
a. Free Trials. Spokeo may provide Subscriber with the opportunity to try out the Enterprise Services on a free, trial basis. The terms of any such trial shall be fully disclosed prior to purchase. Subscriber is responsible for reviewing such terms prior to accepting any trial. The length of a trial may vary.
b. Enterprise Services Membership Plans.
i. Spokeo offers a variety of Enterprise Services Membership Plans. Details about the specific Membership Plan, including the payment period for each plan, are provided at sign up. By subscribing to a Membership Plan, Subscriber agrees to receive access to the Enterprise Services offered at sign up subject to the billing terms provided herein. ii. All Membership Plans are billed at the beginning of the payment period and payment is non-refundable. Unless otherwise indicated in Subscriber’s Membership Plan details, Spokeo will automatically renew each Membership Plan at the end of each payment period. Each Membership Plan will be open and active until it is cancelled, suspended, or terminated. iii. Subscribers may opt to pay for Membership Plans using a credit card. By providing credit card information, Subscriber certifies that it is an authorized user of the credit card. Spokeo does not store or process full credit card information. Instead, Spokeo employs independent and reputable third-party payment processors to store and process credit card information. In the event a credit card payment attempt fails, Spokeo is entitled to undertake subsequent attempts to process the payment. Enterprise Services may be suspended or terminated at Spokeo’s discretion if a payment is delinquent. iv. Credit card payments will be processed at the end of each payment period for the amounts due for (1) the next payment period’s Membership Plan fee, (2) any Membership Plan overages incurred during the prior period, and (3) any additional services purchased during the prior period.
ii. Subscribers may also opt to pay by being invoiced. In addition to any payment terms described in the invoice, invoices must be paid within 30 days of issuance. If any invoice is unpaid within 60 days of the invoice date, Subscriber’s access to the Enterprise Services may be suspended or terminated at Spokeo’s discretion. If Subscriber requires the use of a purchase order or purchase order number, Subscriber (i) must provide the purchase order number at the time of purchase and (ii) agrees that any terms and conditions on a Subscriber purchase order or otherwise provided by Subscriber to Spokeo will not apply to these Terms and are null and void.
c. Membership Plan Cancelation.
i. Subscriber may cancel a Membership Plan at any time and for any reason. To cancel, select “Usage & Subscriptions” within the Account Settings while logged into Subscriber’s Account.
ii. Subscriber will receive a cancellation confirmation after cancellation and will be billed only for any Membership Plan overages already incurred or additional services already purchased.
iii. Cancellation of a Membership Plan does not entitle Subscriber to any refunds of already-processed payments or to be prorated for partial-month usage. Subscriber will continue to have access to the Enterprise Services until the end of the current payment period.
iv. Subscriber should contact Customer Care regarding any problems encountered during the cancellation process.
11. Communications from Spokeo
a. Subscriber may, from time to time, receive e-mail communications from Spokeo about Subscriber’s Account or features of our service. Subscriber may elect to opt out of these communications at any time by following the instructions and link provided within the e-mail communication.
12. Links to Other Websites
a. Subscriber may find links to other Internet sites or resources on this website that offer content, goods, or services. Subscriber acknowledges and agrees that Spokeo has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Subscriber’s use of or reliance on any such content, goods, or services available on or through any such site or resource.
a. Enterprise Services utilizes mapping functionality provided by Nokia Maps and Google Maps, which are subject to additional terms found at http://here.com/services/terms and at https://maps.google.com/help/terms_maps.html, respectively.
b. Spokeo may provide certain content sourced from third party websites, including Wikipedia.com. The Original Authors of such content may be found on the Source site. Subscriber’s use of this content may be subject to additional terms, including, but not limited to, the Creative Commons Attribution ShareALike License.
14. Patents, Copyrights and Trademarks
a. The technology and information provided on this website are owned by or licensed to Spokeo and protected by United States and international intellectual property laws. Spokeo and its licensors retain all proprietary rights to that information and technology. The trademarks, service marks, trade names and logos appearing on this site are trademarks of Spokeo and or its affiliates or licensors.
b. The entire content of this website is copyrighted. Unless permitted under these Terms, no part of this website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without Spokeo’s prior written consent.
c. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
15. Submission of Confidential Information and Ideas; Submission of User Provided Content
a. From time to time, Subscribers submit ideas to Spokeo for improving the Enterprise Services, either by email or in the course of an interaction with a Spokeo team member. Spokeo has no obligation to treat this material as confidential information. To the extent that Subscriber wishes to have an idea remain confidential, to retain rights in the idea, or to be compensated for submission of the idea, please do not submit it to Spokeo.
b. Portions of the content on the Enterprise Services are submitted by You and other users (‘User Provided Content’), to which You may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to Spokeo or any Spokeo applications, any posts you make on the Enterprise Services or any Spokeo applications, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, Spokeo may delete any content that we believe to be in violation of this Agreement. We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others.
The decision to upload or share User Provided Content is Your responsibility and You should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and You should not reproduce or submit anything without permission of the owner. By submitting User Provided Content, You represent and warrant that You have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request You agree to furnish Spokeo with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content, You grant Spokeo a perpetual, transferable, sublicenseable, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by You, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Spokeo from any and all claims, liens, demands, actions or suits in connection with the User Provided Content You submit, including, without limitation, any and all liability for any use or nonuse of Your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if You stop using the Enterprise Services. Spokeo may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Spokeo a license to the User Provided Content as described above and Spokeo will own the digital version of documents created by Spokeo as well as any indexed information that Spokeo creates. Except for the rights granted in this Agreement, Spokeo acquires no title or ownership rights in or to any User Provided Content You submit and nothing in this Agreement conveys any ownership rights in such User Provided Content. The licenses granted continue for the maximum time permitted by applicable law, even if You stop using the Enterprise Services.
You acknowledge and agree that Spokeo may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Spokeo believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or safety of Spokeo, the Enterprise Services, other users, or the public.
a. Subscriber shall hold in confidence and shall not disclose, in whole or in part, information relating to the Enterprise Services, including, without limitation, products, systems, processes, pricing, data sources, information provided through the Enterprise Services, other technical and financial information, and any analyses, compilations, and reports derived from any of the foregoing. Except for the limited access and use rights granted herein, Spokeo retains all right, title and interest in the Enterprise Services and any information derived from it, and Subscriber is not granted any ownership rights or title thereto.
a. Subscriber acknowledges and agrees that Spokeo, in its sole discretion, may terminate Subscriber’s access to the Enterprise Services if Subscriber’s conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason. Spokeo shall not be liable to Subscriber or any third party for termination of access to the Enterprise Services. Should Subscriber object to any of these Terms, or to any subsequent modifications thereto, Subscriber’s only recourse is to immediately discontinue use of the Enterprise Services.
a. Any notices to be given to Spokeo under these Terms shall be made in writing to email@example.com or to the following address:
556 S. Fair Oaks Ave.
Suite # 101-179
Pasadena, CA USA 91105
b. Subscriber agrees that Spokeo can send Subscriber electronic notices to the e-mail address that Subscriber provided to Spokeo in creating Subscriber’s Account or by displaying the notice on this website. Subscriber agrees that all notices, agreements, disclosures, and other communications that Spokeo provides Subscriber electronically satisfy any legal requirement that such communications be in writing.
19. Choice of Law
a. The law of the state of Subscriber’s residence governs this Agreement and any claim or dispute that Subscriber may have against Spokeo, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law.
b. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
20. Agreement to Arbitrate. Please read this carefully. It affects your rights.
a. Disputes Subject to Arbitration. Spokeo and Subscriber agree to arbitrate all disputes and claims between us, including, but not limited to:
i. Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
ii. Claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and
iii. Claims that may arise after the termination of this agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other Subscribers. Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (20)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
b. Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Spokeo should be addressed to: General Counsel, Spokeo, Inc., 556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA USA 91105 (“Notice Address”). The Notice must (i) provide Subscriber’s mailing address, phone number, and account name (if any); (ii) describe the nature and basis of the claim or dispute; and (iii) set forth the specific relief sought (“Demand”). If Spokeo and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or Spokeo may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
c. Costs of Arbitration. Spokeo will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that Subscriber initiates will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if Subscriber initiates an arbitration in accordance with the notice requirements of paragraph (20)(b) and is seeking relief valued at $300 or less (both to Subscriber and Spokeo), Spokeo will pay all AAA filing, administration, and arbitrator fees. If Subscriber’s claim is for greater than $300 but less than $10,000, Spokeo will pay all such fees in excess of $20. After Spokeo receives notice at the Notice Address that Subscriber has commenced such an arbitration, Spokeo will promptly reimburse Subscriber for any portion of the filing fee that Subscriber paid that Spokeo has agreed to pay. If the arbitrator finds that either the substance of Subscriber’s claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and Subscriber agrees to reimburse Spokeo for any amounts Spokeo paid on Subscriber’s behalf to the AAA.
d. Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects. Unless Spokeo and Subscriber agree otherwise, any arbitration hearings will take place in the county (or parish) of Subscriber’s residence at the time of the filing of the Demand. If Subscriber brings a claim for $10,000 or less, Spokeo agrees that Subscriber may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in person hearing as established by the AAA Rules. If Subscriber’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree otherwise, Subscriber and Spokeo must bring all directly related claims in a single arbitration proceeding. If Subscriber or Spokeo later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Spokeo may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Spokeo agrees that it will not seek such an award unless Subscriber is represented by an attorney and the arbitrator has determined that Subscriber’s claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
e. Prohibition of Class or Representative Actions and Non-Individualized Relief. SUBSCRIBER AND SPOKEO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both Subscriber and Spokeo agree otherwise, the arbitrator may not consolidate more than one Subscriber’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Enterprise Services users. Neither Subscriber nor Spokeo may seek non-individualized relief that would affect other Enterprise Services users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
f. Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if Spokeo makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change
21. Severability of Provisions
a. If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
22. Entire Agreement
a. These Terms and any Spokeo policies posted on Spokeo.com constitute the entire contract between Subscriber and Spokeo and supersede all previous written or oral contracts. Except as provided in paragraph (20)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce any term of the Terms shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Last Updated: March 26, 2019