Terms and Conditions
WE ASK THAT YOU KINDLY CLOSELY REVIEW THESE TERMS AND CONDITIONS, INCLUDING THE DISPUTE RESOLUTION CLAUSES, OPTING-OUT LINK AND FCRA AND OTHER USE RESTRICTIONS SET FORTH BELOW) BEFORE YOU USE, ACCESS, POST OR PURCHASE ANY ITEM ON WWW.BlackoutCyber.COM, THE BlackoutCyber BACKGROUND CHECK APPLICATION, OR ANY OTHER AFFILIATED WEBSITE OR MOBILE APPLICATION THAT LINKS TO AND UTILIZES THESE TERMS (ALL SUCH PLATFORMS, COLLECTIVELY REFERRED TO AS THE "SITE").
Please note that, among other items, these terms contain an agreement to arbitration and a class action waiver giving up a right to a court hearing or jury trial or to participate in class action litigation. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below. Please carefully review the dispute resolution section below.
WE STRONGLY URGE YOU TO CLOSELY REVIEW THESE TERMS AND CONDITIONS IN FULL BEFORE USING OR ACCESSING ANY CONTENT OR PURCHASING ANY MEMBERSHIP PLAN ON OR THROUGH THE SITE. BY VIRTUE OF YOUR USING OR MAKING ANY PURCHASE ON THE SITE, YOU EFFECTIVELY DEMONSTRATE IN FULL YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH BELOW OR OTHERWISE CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE, PROVIDE ANY INFORMATION TO, OR PURCHASE ANY ITEMS ON, THE SITE!
1. Introduction and an initial note regarding the Fair Credit Reporting Act and related obligations
BlackoutCyber is a database of publicly available sources of information aggregated for Your convenience, intended for personal individual use rather than for professional purposes, that makes available services that allow users to search for information as permitted by these Terms, such as to learn what information is in their own public records, to reconnect with long-lost friends or relatives, or, for example, to learn about the backgrounds of neighbors, online dates, acquaintances, buying/selling a personal item and other uses. Through BlackoutCyber cyber security protection, end-user visitors to the Site can view and/or access certain content, information, media, text, data, images, graphics, user interfaces, audio, video, photographs, trademarks, logos, artwork, designs, magnetic translations, digital conversions, products, services, software functionality and other materials posted to or made available through the Site (collectively, "Content") as compiled, distributed and displayed by BlackoutCyber and other third-party content providers ("Third-Party Providers") including, but not limited to, third-party websites or services that provide information about individuals (each, a "Search Subject") that can be searched for and accessed through the Site or other background information services we make available ("BlackoutCyber Checks").
WE DO NOT PROVIDE PRIVATE INVESTIGATOR SERVICES AND ARE NOT A CONSUMER REPORTING AGENCY AS DEFINED BY THE FAIR CREDIT REPORTING ACT 15 U.S.C. § 1681 et seq. ("FCRA") BECAUSE THE INFORMATION WE PROVIDE 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; (c) BENEFITS, TENANCY OR EDUCATIONAL ADMISSION CONSIDERATIONS; OR (d) IN CONNECTION WITH A BUSINESS TRANSACTION INITIATED BY AN INDIVIDUAL CONSUMER FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CREDIT WORTHINESS, CREDIT STANDING, CREDIT CAPACITY, CHARACTER, GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING OF ANY PERSON. AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS AND OBLIGATIONS PLACED UPON CONSUMER REPORTING AGENCIES UNDER FCRA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS.
Accordingly, You acknowledge and agree that You will not conduct any BlackoutCyber Checks or otherwise obtain or use any Content or other information obtained from or through the Site about a Search Subject or any person for purposes prohibited under FCRA. Because We are NOT a Consumer Reporting Agency, You are prohibited under FCRA from using any information obtained from the Site about a Search Subject including, but not limited to, information obtained through BlackoutCyber Checks, as a factor in determining the Search Subject’s eligibility for:
Employment, including, but not limited to, to evaluate a Search Subject for initial employment, reassignment, promotion, or retention (including, but not limited to, household workers such as babysitters, cleaning personnel, nannies, contractors, and domestic workers);
Tenancy, including, but not limited to, deciding whether to lease a residential or commercial space to a Search Subject;
Educational Admission or Benefits, including, but not limited to, assessing a Search Subject’s qualifications for an educational program or scholarship;
Personal Credit, Loans or Insurance, including, but not limited to, assessing the risk associated with providing credit, a loan or insurance based on a Search Subject’s existing debt obligations; and/or
Business Transactions initiated by an individual consumer. Including, but not limited to, determining whether a Search Subject continues to meet the terms of a personal customer account.
Nor may you use any Content in order to take any "adverse action" as such term is defined in FCRA. Using information about a Search Subject obtained from Us in any of the aforementioned ways violates both these Terms and the law and can lead to possible criminal penalties. We take this very seriously, and reserve the right to terminate user access, terminate Accounts, and report violators to law enforcement as appropriate. If You are not sure whether Your desired use of information obtained from BlackoutCyber complies with these restrictions, please contact us at support@BlackoutCyber.com before conducting any BlackoutCyber Checks or otherwise obtaining information about a Search Subject from BlackoutCyber.
2. Scope of these Terms, License Grant, Electronic Signature and Legal Age Requirement
We reserve the right at any time and without notice to deny You access to the Site or to any portion thereof and to terminate Your rights under these Terms, in Our sole and absolute discretion. Your rights under these Terms will terminate automatically if You fail to comply with these Terms, subject to the survival rights of certain provisions identified herein. Termination will be effective without notice. Upon termination, You must promptly destroy all copies of any aspect of the Site in Your possession, custody or control.
These Terms govern: Your use and access of the Content We provide and/or make available; Your purchase of membership plans from the Site; and Your use of any BlackoutCyber Checks provided to You in connection therewith. BlackoutCyber GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE (that means Your account is for You alone to use--Your neighbor, coworker, spouse or assistant should obtain their own accounts) REVOCABLE AND LIMITED LICENSE FOR INDIVIDUAL, PERSONAL (NOT PROFESSIONAL) USE AND PROVIDES THE USE OF THE SITE, THE RELATED CONTENT, AND THE BlackoutCyber CHECKS (and, if You are a subscriber, certain other services) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS CONTAINED HEREIN. You acknowledge and agree, however, that BlackoutCyber may terminate this license at any time for any reason. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY ALL THE TERMS CONTAINED HEREIN, AND BY ACCEPTING THESE TERMS THROUGH THE COMPLETION OF A PURCHASE, SELECTION OF A METHOD OF PAYMENT, AND YOUR ENTRY OF PAYMENT METHOD INFORMATION, YOU HEREBY AUTHORIZE US TO CHARGE SUCH SELECTED PAYMENT METHOD AND ITS ASSOCIATED PAYMENT ACCOUNT THAT YOU HAVE SPECIFIED FOR THE PURCHASE OF ONE OF OUR MEMBERSHIP PLANS. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO AND MAY NOT ACCESS OR USE THIS SITE AND/OR THE CONTENT, AND YOU ARE HEREBY INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
3. Class Action Waiver, Mandatory Arbitration, Dispute Resolution and Governing Law
BY USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR MANDATORY ARBITRATION OF DISPUTES PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. You acknowledge and agree that all claims, disputes or controversies between You and Us (including against any of Our employees, agents, affiliates, subsidiaries, predecessors, successors or assigns) relating to the Site or related websites, the Content, BlackoutCyber Checks, related services and materials, any related transaction or relationship and/or Your information, including, without limitation, tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, the issue of arbitrability, shall be resolved by the final and binding arbitration procedures set below. You further acknowledge and agree that any such claims shall be brought solely in Your individual capacity and not as a plaintiff or class member in any purported class, representative proceeding, or private attorney general capacity. Similarly, you agree that any controversy concerning whether a dispute is arbitrable shall be determined by the arbitrator and not by a court and the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. You voluntarily and knowingly waive any right to a jury trial.
BY AGREEING TO THIS AGREEMENT TO ARBITRATE, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO A JURY TRIAL. In arbitration, disputes are resolved by neutral arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial, however, an arbitrator can award relief.
Separate and apart from the agreement to arbitrate set forth above, You hereby waive any right to bring or participate in any class action in any way related to, or arising from, these Terms or the matters that they describe. You acknowledge that this class action waiver is material and essential to the arbitration of any dispute(s) You may have and is non-severable from this agreement to arbitrate claims.
YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT TO ARBITRATE, WHICH CONTAINS THIS CLASS ACTION LITIGATION AND CLASS ARBITRATION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST US, OUR AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING AND NOT USE OUR SITE, BlackoutCyber CHECKS OR OUR SERVICES.
These Terms shall be treated as though they were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles).
At BlackoutCyber, We expect that Our customer service team will be able to resolve most complaints You may have regarding Our provision, or Your use of, our Site and its services, such as BlackoutCyber Checks. If You have a complaint, You can contact Our customer service team as described in the "How to Contact Us" section below. 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 BlackoutCyber agree to the following resolution process for all disputes and claims that You or BlackoutCyber may have arising from Our provision, or Your use, of our Site and its services, such as BlackoutCyber Checks (each a "Service Claim").
In an attempt to find the quickest and most efficient resolution of any Service Claim, You and BlackoutCyber 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. If You want to raise a Service Claim, You must send the aforementioned description and proposed resolution by email (support@BlackoutCyber.com). To subsequently discuss Your Service Claim with You, We will contact You using the email address or mailing address You provide in Your letter to Us. If BlackoutCyber wants to raise a Service Claim, We will send You the aforementioned description and claim notice to You at the email address that We have on file for You. If We do not have an email address for You on file, BlackoutCyber will send Our Service Claim to You through a means that complies with the service of process rules of the State of New York.
IF YOU AND BlackoutCyber DO NOT REACH AN AGREED UPON RESOLUTION WITHIN 30 DAYS OF RECEIPT OF THE SERVICE CLAIM, YOU AND BlackoutCyber AGREE THAT THE SERVICE CLAIM MUST BE RESOLVED THROUGH BINDING INDIVIDUAL (NOT CLASS) ARBITRATION WITH ARBITRATION RESOLUTION SERVICES INC. ("ARS") USING ITS RULES AND REGULATIONS GOVERNING THE SUBMISSION OF DISPUTES INVOLVING BUSINESSES AND INDIVIDUALS, AVAILABLE HERE. If ARS is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, if possible under any rules by such organization applicable to disputes between business and consumers, but neither party shall unreasonably withhold their consent.
EXCEPTIONS TO THIS ARBITRATION REQUIREMENT: EITHER PARTY HAS THE RIGHT TO PURSUE: AN INTELLECTUAL PROPERTY CLAIM OR CLAIM RELATING TO UNAUTHORIZED ACCESS TO DATA THROUGH THE SITE (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK AND TRADE SECRETS AND CLAIMS RELATING TO THE ACCESS OR RETRIEVAL OF DATA THROUGH THE SITE USING AN AUTOMATED PROCESS SUCH AS SCRAPING) IN STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY. BOTH BlackoutCyber AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS FOR THESE CLAIMS.
NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION. TO HELP RESOLVE ANY ISSUES BETWEEN US PROMPTLY AND DIRECTLY, YOU AND BlackoutCyber AGREE TO BEGIN ANY ARBITRATION OR COURT PROCEEDINGS ALLOWED UNDER THIS SECTION WITHIN ONE YEAR AFTER A CLAIM ARISES AND AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY; OTHERWISE, THE CLAIM IS WAIVED.
Rather than force everyone to visit Us in New York, ARS' arbitration contemplates arbitration without travelling anywhere, but instead via their cloud-based platform. Disagreements regarding the forum for arbitration will be settled by an ARS arbitrator.
When the 30-day period described above has elapsed, You may, as an individual (but not as a class) initiate the arbitration through the process described in ARS’s Business and Individual Rules. If You initiate the arbitration, Your arbitration fees will be limited to the Application filing fee set forth by ARS rules. You and BlackoutCyber acknowledge, understand and agree that any decision or award rendered by ARS may be entered in any court of competent jurisdiction. If the arbitrator rules against BlackoutCyber, in addition to accepting whatever responsibility is ordered by the arbitrator, We think it fair that BlackoutCyber reimburse Your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. By contrast, if the arbitrator rules in BlackoutCyber’s favor, We will not seek reimbursement of Our attorneys’ fees and costs, regardless of who initiated the arbitration.
This is a Class Action and Trial Waiver. IT IS IMPORTANT THAT YOU UNDERSTAND THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. THE ARBITRATOR'S DECISION OR AWARD WILL BE CONCLUSIVE AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.