Terms and Conditions

1. Acceptance and Representations

1.1 Acceptance of Agreement

By doing any of the following, you acknowledge that you have reviewed and accepted this Agreement and are legally bound by its terms, effective as of the date of acceptance ("Effective Date"):
- Checking the box indicating acceptance of this Agreement and clicking the button to continue.
- Accepting an ordering document that incorporates this Agreement by reference.
- Using any other acceptance method provided by PrimeTracers.

1.2 Representations and Warranties

By accepting this Agreement, you represent and warrant that:
(a) You are of legal age to enter into a binding contract.
(b) If you are acting on behalf of a corporation, governmental organization, or other legal entity:
  • You have the right, power, and authority to enter into this Agreement.
  • You can legally bind the entity to this Agreement.
  • References to "you" or "your" include the entity and all of its employees, contractors, agents, and representatives.

1.3 Agreement Scope

If you do not agree to these terms, you must not accept this Agreement, nor use the Licensed Materials or PrimeTracers Platform.
If you have executed an ordering document in connection with this Agreement, both the ordering document and this Agreement collectively form the "Agreement."
In case of a conflict between these terms and an ordering document, these terms will govern, unless the ordering document explicitly modifies them.

2. Beta Release and Informational Purposes

2.1 Beta Release Disclaimer

If you use a Beta or pre-release version of the PrimeTracers Platform ("Beta Release"), you acknowledge that:
- The Beta Release may have different features compared to future commercial versions.
- PrimeTracers is not obligated to release a commercial version after the Beta Release.
- The Beta Release may contain errors and is not intended for commercial use.
- You may experience sporadic disruptions affecting usability.
- PrimeTracers is not liable for any damages resulting from your use of the Beta Release.

2.2 Informational Purposes Only

The Site does not provide financial, real estate, legal, or any other professional advice. You acknowledge that the Site may contain advertisements. Although we may display ads based on the information we collect, it is your responsibility to evaluate their suitability.

3. License and Grant of Use

3.1 Scope

This Agreement governs your access to and use of the PrimeTracers Platform (PrimeTracers, Datafinder, or any other PrimeTracers product or service) and Licensed Materials identified in your Ordering Document. "Licensed Materials" means the electronic information and data made available by PrimeTracers to you via the Platform. The definition of the PrimeTracers Platform excludes Third Party Applications as defined herein.

3.2 Access and Use License

Subject to your compliance with this Agreement, PrimeTracers grants you and your Authorized Users a non-exclusive license to access and use the PrimeTracers Platform and download and use the Licensed Materials during the term of this Agreement.

3.3 Third Party Applications (Platform)

“Third Party Applications” means software or technology provided by third parties with which the PrimeTracers Platform may interoperate (for example, CRM, marketing automation, or sales enablement software). PrimeTracers is not responsible for and does not endorse any such applications.

4. Fees, Taxes, and Payment

4.1 Taxes

You are responsible for any applicable taxes (sales, use, levies, duties, or similar) related to your access and use of the Platform and Licensed Materials. Unless specified in your Ordering Document, all fees exclude sales taxes. If required, PrimeTracers may invoice you for such taxes.

4.2 Fees for Skip Trace Services and Credit Balances

Skip Trace Fees:
- Standard tier pricing ranges from $0.03 to $0.07 per successful skip trace.
- Sapphire tier pricing is based on a custom agreement between PrimeTracers and you.

Credit Balances:
- All funds deposited into your credit balance (via the Site, app, or other methods) are non-refundable and fully earned at the time of payment.
- The maximum credit balance for non-Sapphire users is 500,000 credits.

Successful Skip Traces:
- Only successful skip traces will be deducted from your credit balance (a skip trace is successful if any relevant information, such as a phone number or email, is returned).
- PrimeTracers has sole discretion in determining success; unsuccessful traces may be credited back at our discretion.

Authorization to Debit:
- You authorize PrimeTracers to debit your financial account for credit purchases. This authorization remains valid until all fees are paid and, to the extent allowed by law, cannot be revoked.

Inactive Account Fees & Credit Reductions:
- An inactive account (defined as one with no credit activity where at least 10 credits have been used in a 6-month period) will incur deductions:
  • After 6 months: 10% of total credits deducted monthly.
  • After 9 months: 15% deducted monthly until depleted.

4.3 Premium Property Credits

Premium Property Credits are required for exporting enhanced property details such as Comparable Property Information, Mortgage Information, Lender Grade AVM, Sales History, Liens, and MLS Information. These credits are separate from standard credits; their cost and quantity requirements may vary, and PrimeTracers reserves the right to modify pricing with advance notice.

5. PrimeTracers Obligations

5.1 Support

PrimeTracers will provide reasonable assistance with activation, installation, and integration with your systems (such as CRM or marketing automation) and will offer ongoing support via email, chat, phone, or fax during standard business hours.

5.2 Security

We maintain administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data. These measures apply except where necessary to perform our obligations, as required by law, or as you permit in writing.

6. Authorized Use and User Obligations

6.1 Authorized Users

An “Authorized User” is a natural person designated by you (in writing) and accepted by PrimeTracers. If an Authorized User’s relationship with you ends, their access will be automatically revoked; you must notify PrimeTracers promptly.

6.2 Authorized Uses

Your and your Authorized Users’ access to the Platform and Licensed Materials is solely for sales, marketing, or business development activities for your benefit.

6.3 Restrictions on Use

You shall not: (a) allow non-Authorized Users access via shared credentials; (b) redistribute or disclose Licensed Materials to third parties; (c) incorporate Licensed Materials into your own products; (d) reverse engineer the Platform; (e) reproduce or create derivative works of the Platform or documentation; (f) distribute the Platform beyond Authorized Users; (g) share access to the Platform; (h) remove proprietary notices; (i) build a database from PrimeTracers Data; (j) upload harmful code; (k) interfere with network operations; (l) transmit objectionable material; (m) reference PrimeTracers data in ads without permission; (n) use Licensed Materials for consumer credit, insurance underwriting, employment screening, or similar purposes; (o) disclose benchmark results without prior consent.

6.4 Identification of Licensed Materials

You shall not integrate Licensed Materials into any system (e.g., CRM) that allows non-Authorized Users access without maintaining identifying information that indicates the materials originated from PrimeTracers.

6.5 Your Obligations

You agree to abide by all applicable laws in connection with your use of the Platform and Licensed Materials. You shall not upload data that violates any rights or laws, and you are solely responsible for all activities conducted under your account.

7. Affiliate Program

Selected affiliates may refer customers to PrimeTracers by sending them a referral link from their user profile page. PrimeTracers affiliate partners are paid on the 15th of each month. PrimeTracers reserves the right to deny or delay affiliate's payment for any reason unless stated otherwise per the affiliate's individual contract.

8. Terms and Termination

8.1 Termination for Breach

Either party may terminate this Agreement immediately if the other materially breaches and fails to remedy the breach within 21 days of written notice.

8.2 Effect of Termination

Upon termination, your access to Licensed Materials is terminated, all accounts are disabled, and any data uploaded by you may be destroyed. Download access will be disabled 30 days before termination, and all fees for services rendered up to termination become due within 30 days.

9. Marketing

You authorize PrimeTracers to use your name and logo for marketing purposes until such authorization is revoked in writing.

10. Confidentiality

10.1 Confidential Information

“Confidential Information” means any non-public technical or business information disclosed by one party to the other that is marked or reasonably understood to be confidential, including techniques, drawings, inventions, processes, software, financial data, customer lists, and the terms of this Agreement.

10.2 Non-Disclosure

Each party agrees to keep the other’s Confidential Information strictly confidential during and after the term of this Agreement and to use it only as necessary to fulfill its obligations.

10.3 Exceptions to Confidential Information

The non-disclosure obligations do not apply to information that was already known, independently developed, or becomes public without breach of this Agreement.

10.4 Injunctive Relief

Unauthorized disclosure of Confidential Information may cause irreparable harm; the disclosing party may seek injunctive relief in addition to other remedies.

10.5 Return of Confidential Information

Upon termination or upon request, all Confidential Information must be returned or destroyed.

11. Property Rights

11.1 PrimeTracers Platform; Licensed Materials

All right, title, and interest in the PrimeTracers Platform and Licensed Materials (including any modifications or feedback) belong exclusively to PrimeTracers or its licensors.

11.2 Licensee Data

“Licensee Data” means all data you or your Authorized Users submit or transmit. While you retain ownership, you grant PrimeTracers a limited license to use this data as necessary to provide the services.

11.3 Aggregated Statistics

PrimeTracers may compile anonymous, aggregated data from Licensee Data for analysis, service improvement, and marketing, provided it does not identify you.

12. Non-assignment

Neither party may assign this Agreement without the prior written consent of the other, except in connection with a merger or acquisition (with appropriate notice).

13. Notices

All notices under this Agreement must be sent via electronic mail to the email address provided by the other party. Notices to PrimeTracers shall be sent to [email protected].

14. Governing Law

This Agreement is governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

15. Attorney Fees, Dispute Resolution, Class Action Waiver

15.1 Attorney Fees

In any dispute under this Agreement, the prevailing party is entitled to recover reasonable attorney fees and costs.

15.2 Mandatory Arbitration

Except for certain litigation claims, any dispute, claim, or controversy arising from this Agreement shall be resolved by arbitration administered by JAMS in Lewes, Delaware, in accordance with its rules.

15.3 Class Action Waiver

No dispute may be brought on a class, collective, or representative basis; all disputes must be resolved individually.

16. Currency

All monetary amounts specified in this Agreement are in United States dollars unless otherwise stated.

17. Indemnification

17.1 Indemnification of PrimeTracers

You agree to indemnify and hold harmless PrimeTracers, its officers, directors, employees, and agents from any claims arising out of your or your Authorized Users’ use of the Platform in violation of this Agreement.

17.2 Indemnification of You

PrimeTracers shall indemnify you for any damages awarded by a court or agreed upon in a settlement related to claims that the Licensed Materials or Platform infringe third-party intellectual property rights.

17.3 Indemnification Procedure

To obtain indemnification, you must promptly notify PrimeTracers in writing, allow us to control the defense, and provide reasonable assistance.

17.4 PrimeTracers Privacy Policy

By using the Platform, you agree to the terms of the PrimeTracers Privacy Policy.

18. Limitation on Liability

18.1 No Consequential Damages

Neither PrimeTracers nor its licensors or suppliers shall be liable for any indirect, incidental, special, consequential, or punitive damages arising from this Agreement.

18.2 Limits on Liability

In no event shall PrimeTracers’ total liability exceed the amounts paid by you under this Agreement during the 12 months preceding the claim.

18.3 Additional Limitations

WE SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM YOUR USE OF THE SITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY COMPUTER VIRUSES, DEFECTS, DELAYS, ERRORS, INTERRUPTIONS, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19. Disclaimer

EXCEPT FOR EXPRESS WARRANTIES, THE LICENSED MATERIALS, PRIME TRACERS PLATFORM, AND THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Site and its content are provided for informational purposes only. The content may contain technical inaccuracies or errors, and we reserve the right to update or correct such errors without notice. Use of the Site is at your own risk.

20. Amendments

PrimeTracers may propose amendments to this Agreement at any time. Proposed amendments become effective 30 days after notice is provided, unless you notify us of non-acceptance.

21. Entire Agreement

This document represents the complete and exclusive Agreement between you and PrimeTracers regarding your use of the Site.

22. Refund Policy

PrimeTracers sales are FINAL. No refunds will be provided under any circumstances.

23. Force Majeure

Neither PrimeTracers nor its affiliates shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, power outages, or governmental actions.

24. Submissions

All comments, feedback, ideas, graphics, suggestions, and other materials you provide ("Submissions") become our property. You waive all rights to the Submissions, except for any applicable moral rights, and assign all present and future rights to us. We are not obligated to treat Submissions as confidential and will not be liable for any similarities with our current or future operations. You agree to indemnify us for any claims arising from your Submissions.

25. Third-Party Services and Applications

The Site may include links to third-party products, services, websites, and applications ("Third-Party Providers" and "Third-Party Applications"). These third parties are solely responsible for their products, services, and content. Your interactions with them are governed by their own terms and privacy policies. We do not endorse or assume any liability for such third-party offerings.

26. Use of Google Maps and Content

The Site utilizes Google Maps features and content. Your use of these features is subject to the current Google Maps/Google Earth Additional Terms of Service, Google Privacy Policy, and Google's Terms of Service.

27. Copyright Notice

The content on this Site is for informational purposes only. Any unauthorized use, including reproduction or retransmission, is prohibited without prior written consent. To request permission for use, contact us at [email protected]. If you believe your copyrighted work has been used inappropriately, please notify us as outlined in Title 17, U.S. Code, Section 512(c).

28. Notice to California Users

In accordance with California Civil Code Section 1789.3, California users are entitled to certain consumer rights. For assistance or to file a complaint, contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or call (800) 952-5210.

29. Independent Relationship

The Site operates as an independent entity. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and PrimeTracers.

30. Continuing Obligations

Provisions of this Agreement that require ongoing performance will remain in effect after termination, even if not explicitly stated.

31. Jurisdiction; Compliance with Laws

We operate the Site from the United States. If you access the Site from outside the U.S., you are responsible for complying with local laws, including export regulations. The Site and its content may be subject to U.S. export controls. This Agreement is governed by U.S. federal law and the laws of the State of Florida; any legal action must be brought in a court located in Florida, and you consent to such jurisdiction.

32. Waiver

Any delay or failure by PrimeTracers to exercise any right under this Agreement shall not constitute a waiver of that right in the future. A waiver of any provision does not constitute a waiver of any subsequent breach.