Terms of Service
Welcome to SearchQuarry, a public records search and referral website operated by Search Quarry, LLC ("SearchQuarry," "we," "us"). These Terms of Service govern your use of www.searchquarry.com and its pages, search forms, free tools and content (the "Services").
Searches you start on the Services continue on the websites of our partners, which currently are TruthFinder and BeenVerified (each a "Partner"). Partner websites, reports and purchases are governed by the Partner's own terms, not these Terms (see Section 2).
Existing SearchQuarry members: SearchQuarry is not currently offering new memberships, but the members area remains open to existing members. Your membership and your use of the members area continue to be governed by the Member Terms and Member Privacy Policy. Log in to the members area. See Section 3.
PLEASE READ THESE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO THESE TERMS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 19. DO NOT USE THE SERVICES IF YOU DO NOT AGREE.
If you accept these Terms on behalf of a business or other entity, you confirm that you have authority to bind it.
1. General
By using and/or visiting the Services, you represent that you have read, understand, and agree to all the terms and conditions of these Terms of Service, including our Privacy Notice ("Privacy Notice") which is fully incorporated herein by reference. The Privacy Notice governs the collection, use and disclosure of your personal information.
We reserve the right to change, modify, add to, or otherwise alter these Terms of Service at any time. Changes, modifications, additions or deletions to these Terms of Service shall be effective immediately upon their posting on the Services. You agree to review these Terms of Service periodically to be aware of such revisions. The current version of these Terms is always available at https://www.searchquarry.com/terms/. We will show the date of the latest change at the top. If we make a material change, we will also post a notice on the Services. Existing members receive notice of changes to their member terms as described in those terms. Your use of the Services after we post such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.
2. How SearchQuarry Works: Partner Searches and Our Commission
2.1 Searches continue on Partner websites. SearchQuarry does not currently produce search reports for new customers. When you submit a search, we show you a page that names the Partner and then send you to that Partner's website. Today, name and people searches go to TruthFinder, and phone number, license plate and VIN searches go to BeenVerified. We may change Partners, or which searches go to which Partner, at any time.
2.2 What we send. To start your search on the Partner's website, we include the search terms you entered (name, city and state; phone number; license plate and state; or VIN) in the link, together with referral codes that identify SearchQuarry, the page you searched from, your device type, your traffic source and a random click ID. Our Privacy Policy explains this in more detail.
2.3 We are paid a commission. Partners pay us, through affiliate networks, when you buy from them after coming from the Services. See our Advertiser Disclosure.
2.4 Partner terms govern Partner services. When you use a Partner's website, that Partner's terms of service and privacy policy apply. Your purchase, trial, subscription, billing, cancellation and refund are between you and the Partner. SearchQuarry is not a party to that agreement, does not receive your payment information, and cannot cancel, change or refund a Partner purchase.
2.5 No endorsement or agency. Partners are independent companies. SearchQuarry does not control Partner reports, prices or practices and is not responsible for them. Nothing on the Services makes SearchQuarry an agent of a Partner or a Partner an agent of SearchQuarry.
3. Existing SearchQuarry Members
3.1 New memberships are paused; the members area stays open. SearchQuarry is not currently offering new memberships, trials or reports. We may offer memberships again in the future. Any new membership will be governed by the terms shown when you sign up, and we will update these Terms before we offer one. If you have an existing SearchQuarry membership, it continues, and you can keep using the members area at members.searchquarry.com.
3.2 Your member terms still apply. Your membership, searches and reports in the members area, billing, renewal, cancellation and refunds continue to be governed by the Member Terms (https://members.searchquarry.com/terms) and the Member Privacy Policy (https://members.searchquarry.com/privacy), which you accepted when you joined. These Terms do not change them. If these Terms and the Member Terms conflict about your membership, the Member Terms control (see Section 21).
3.3 Searching as a member. To use the searches included in your membership, log in to the members area. Searches you start from the public search forms on www.searchquarry.com continue on a Partner's website and are not part of your membership; anything you buy there is a separate purchase from the Partner.
3.4 Billing and cancellation. Charges appear on your statement as SEARCHQUARRY.COM or SAFECART.COM SQPMT.COM. You can cancel at any time by using the cancel option in your account in the members area, calling (800) 859-7375, or emailing support@searchquarry.com. Customer service hours can vary, but are generally 7AM to 12AM Eastern Time for SearchQuarry members.
3.5 Permitted use still applies. The FCRA, DPPA and use restrictions in the Member Terms apply to information from the members area. The same uses are prohibited under Sections 9, 10 and 11 of these Terms.
4. Eligibility
You must be at least 18 years old to use the Services. The Services are intended only for users in the United States, and our Partners' offers are available only in the United States. By using the Services you confirm that you (i) are 18 or older and able to enter into contracts where you live; (ii) are not on a U.S. government list of persons barred from receiving services, such as the Denied Persons List or Entity List of the U.S. Department of Commerce, Bureau of Industry and Security; and (iii) are not located in, a resident of, or acting on behalf of Cuba, Iran, North Korea, Sudan, Syria, Russia or China.
5. Cancellation and Suspension
Partner purchases. To cancel a trial or subscription you bought from TruthFinder or BeenVerified, contact that Partner directly (see Section 7). SearchQuarry cannot cancel Partner purchases.
SearchQuarry memberships. See Section 3.
Our right to suspend. We may block or limit your access to the Services at any time if we believe you have violated these Terms or the law, or to protect the Services, our Partners or other people. We are not liable to you for doing so.
Sections of these Terms that by their nature should survive, including use restrictions, disclaimers, limits of liability, indemnity and arbitration, survive the end of your use of the Services.
6. Prices, Trials and Purchases
The Services are free to use. SearchQuarry does not currently sell reports, trials or subscriptions to new customers on the Services and does not collect payment information.
Partner offers. Reports, trials (for example, a $1 trial) and subscriptions are offered, priced and billed by the Partner. A trial offered by a Partner is the Partner's offer: the Partner charges you, and unless you cancel with the Partner as its terms require, the Partner may begin charging its regular recurring price when the trial ends. Before you enter payment information, read the price, renewal and cancellation terms on the Partner's checkout page. Those terms control, even if a price or offer shown on our site is different or out of date.
Refunds and billing disputes. Contact the Partner for any question about a Partner charge, cancellation or refund.
SearchQuarry memberships. Billing and renewal for existing members are governed by the member terms (Section 3).
7. Customer Support
SearchQuarry: support@searchquarry.com or (800) 859-7375. Customer service hours can vary, but are generally 7AM to 12AM Eastern Time for SearchQuarry members.
Partners: For questions about a TruthFinder or BeenVerified search or purchase, contact that Partner through its website. Customer service hours for our Partners are on their respective websites.
If you have a billing problem with a Partner purchase, please contact the Partner first. If you are an existing SearchQuarry member with a billing problem, please contact us before contacting your bank.
8. Grant of Rights
As long as you comply with these Terms, we grant you a personal, revocable, limited, non-exclusive, non-transferable right to use the Services for your own personal, non-commercial, non-automated use, and only for the permitted purposes described in Sections 9 and 11. We reserve all rights of ownership in and to the Services not expressly granted to you. You understand that you may be restricted from accessing certain Services which may be otherwise available to other users.
9. FCRA Notice and Prohibited Purposes
SearchQuarry is not a "consumer reporting agency" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and neither SearchQuarry nor our Partners provide "consumer reports" through the Services. Our Partners' terms also prohibit FCRA uses.
You may not use the Services, or any information or report you obtain through the Services or from a Partner, for any purpose covered by the FCRA, including:
- employment: hiring, promotion, reassignment, retention, or screening employees, contractors, volunteers or domestic workers such as nannies, caregivers or housekeepers;
- tenant screening or any decision about renting or leasing housing;
- credit: deciding whether to extend credit or a loan, or collecting a debt;
- insurance underwriting or eligibility;
- eligibility for a business or professional license or a government benefit; or
- any other decision that affects a person's economic or financial status or standing.
You also may not use that information to discriminate against anyone. If you need a background check for any of these purposes, use a consumer reporting agency that complies with the FCRA.
Using information for an FCRA purpose may expose you to liability under the FCRA, and our Partners may refuse service and cancel sales that violate this rule. You agree to indemnify, defend, and hold harmless Search Quarry, LLC and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers from any third-party claims, demands, expenses or liabilities arising from your use of information in a way covered by the FCRA.
10. DPPA Notice
License plate and VIN searches started on the Services continue on BeenVerified. Personal information from state motor vehicle records is protected by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., and by state law (together, the "DPPA Laws"). You may search for and use that information only for a purpose permitted by the DPPA Laws. You may not use a license plate search to identify, locate or contact a driver or vehicle owner for personal reasons, or to stalk, harass or threaten anyone.
By starting a license plate search, you confirm that you understand the DPPA Laws and that your search is for a permitted purpose. BeenVerified may ask you to confirm your purpose again and keeps the records the DPPA Laws require. Misuse of motor vehicle records can lead to criminal fines and civil liability, including actual and punitive damages and attorneys' fees. You agree to indemnify, defend, and hold harmless Search Quarry, LLC and its affiliates, officers, directors, agents, employees, partners, licensors, and data providers from any third-party claims, demands, expenses, or liabilities arising from your violation of the DPPA Laws.
11. Restrictions on Use
You are responsible for your access or use of the Services. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms of Service, the Privacy Notice, or is harmful to our interests.
11.1 General Restrictions
You may not use the Services, or any information you obtain through the Services or from a Partner ("Information"), in a way that violates the law or these Terms. In particular, you may not use Information to:
- stalk, harass, threaten, intimidate, or harm anyone, or find or contact a person who does not want to be contacted, including anyone protected by a restraining or protective order;
- locate or harass a judge, prosecutor, law enforcement officer, or their family members;
- commit identity theft or fraud, or obtain information under false pretenses;
- make any decision described in Section 9; or
- discriminate against anyone.
You also may not (i) access or attempt to access any account you are not authorized to access; (ii) modify the Services or Content; (iii) copy, distribute, or create derivative works from the Content; (iv) exploit the Services or Content in any unauthorized way, including by burdening network capacity; (v) sublicense, sell, resell, or otherwise transfer the Services or Content, including for commercial, collections, governmental, marketing, or advertising purposes; (vi) use the Services from outside the United States, or use a VPN or proxy to appear to be in the United States; (vii) use the Services to build a competing product; or (viii) bid on, or use in paid search, social or other advertising, the names "SearchQuarry," "TruthFinder," "BeenVerified," or similar terms, or send traffic to a Partner other than through the Services.
11.2 Services Content
Without limitation to these Terms of Service, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Services and its contents, or any part of them, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the "Content"). Search Quarry, LLC, and/or its related companies or licensors, expressly retains all right, title and interest in and to the Content, including, without limitation, all intellectual property rights therein and thereto. Search Quarry, LLC and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Content in any way whatsoever except as in compliance with these Terms of Service. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivative works based on the Content. You may not alter or delete any proprietary notices from Content downloaded or printed from the Services. Except as expressly permitted by these Terms of Service, any use of the Content may violate copyright and/or other applicable laws.
Information you obtain through the Services may include personal information about other people. You must keep it confidential and secure and use it only as these Terms allow. Information you obtain from a Partner is also subject to the Partner's terms.
11.3 Third-Party Content
In addition to the Content, the Services may contain information and materials provided by third parties (collectively, "Third-Party Content"). Third-Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Service, Third-Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third-Party Content.
11.4 Trademarks
Except with respect to images and text that are in the public domain or otherwise publicly available, Searchquarry.com, the Searchquarry.com Logo and all Searchquarry.com product names are trademarks and services marks of Search Quarry, LLC (collectively "Searchquarry.com Trademarks"), and nothing in these Terms of Service shall be construed as granting any license or right to use the Searchquarry.com Trademarks without Search Quarry, LLC’s prior written consent. All trademarks, service marks, and logos included on the Services ("Marks") are the property of Search Quarry, LLC or third parties, and you may not use such Marks without the express, prior written consent of Search Quarry, LLC or the applicable third party. TruthFinder and BeenVerified are trademarks of their respective owners. We use them only to identify our Partners. Their use does not mean that a Partner sponsors or endorses SearchQuarry beyond our affiliate relationship.
11.5 No Automated or Non-Human Means of Access
You also may not access or use the Services through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Services’ operations or interference with access to the Services and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
11.6 Additional Permissions
You may request additional permissions to use any Content by contacting us as described on the Services. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf of and to bind any organization on whose behalf you may be requesting permissions.
You may make no use of the Services or Content not expressly allowed in these Terms of Service until and unless we contact you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six (6) months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of the Services will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).
11.7 Monitoring of the Services; Audit
Search Quarry, LLC reserves the right, but does not undertake the obligation, to monitor the use of the Services, and to investigate and take appropriate legal action against any party that uses the Services and Content in violation of these Terms of Service or applicable law. Search Quarry, LLC or its Data Providers (defined below) may, upon reasonable notice, audit your records, processes, and procedures related to your use, storage, and disposal of our Services and Content. You agree to cooperate fully with any and all audits. Violations discovered in any review or audit by SearchQuarry, a Partner, or a Data Provider will be subject to immediate action, including, but not limited to, suspension or termination of your right to use our Services or legal action. Search Quarry, LLC reserves the right to accept, reject, or modify any Services and Content, but assumes no liability based on its acceptance, rejection, modification, or failure to modify any Services or Content.
Your violation of any of these use restrictions may result in automatic termination of your account and the licenses granted hereunder.
11.8 Data Providers
You acknowledge and agree that the Services include information collected from third-party data providers ("Data Providers"). If Search Quarry, LLC or its Data Providers determine or suspect that you are engaging in commercial, marketing activities, or reselling or brokering the Content, or are otherwise violating in violation of these Terms of Service, we or our Data Providers may take immediate action, including legal action and termination of these Terms of Service. You understand that our Data Providers are third-party beneficiaries of these Terms of Service, which means that they can enforce any of the provisions herein.
12. Disclaimers
You expressly agree that use of the Services is at your sole risk. Search Quarry, LLC shall not be liable for any loss, liability, cost, or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Services, Information, and Content, including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all information, services and other content provided on the Services, and we are not liable for any reliance you place on the Services.
Information is sourced from records made freely and publicly available by state and local offices, agencies, or departments, and you acknowledge that this data may contain errors and omissions. We do not guarantee that Information provided in a search result is current, free of error, accurate, or contains specific information and you therefore should not use the Services to verify any individual’s arrest, booking, or criminal records, or the condition of any vehicles. We do not guarantee the correctness or completeness of the Services or the Information. Any free information, previews or examples shown on the Services may differ from what a Partner's report contains. A Partner may not have a report, or complete results, for every search.
Partner reports. Reports are produced by our Partners from their own data sources. SearchQuarry does not create, check or guarantee Partner reports. Questions about the accuracy of a Partner report, or requests to correct or remove information from it, should go to that Partner.
You understand that Information may not be available for all states and that we may not have access to some records that may be available to other parties. You also understand there may be a delay between our receipt of certain records and the inclusion of those records in Information. You recognize that our sole obligation in the case of erroneous Information, when notified in writing by you of such erroneous data, is correction of the Information in question.
For the most recent records concerning any individual or vehicle presented on the Services, contact the relevant state or local office, agency, or department. ALL INDIVIDUALS APPEARING ON SEARCHQUARRY.COM ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW.
Search Quarry, LLC is not affiliated with the United States Government or any federal or state government agency.
13. Linked Websites and Services
The Services link to Partner websites and to other third-party websites. Links to Partners are paid affiliate links (see our Advertiser Disclosure). Other links are provided for convenience. We do not control third-party websites and are not responsible for their content, availability, products, prices or privacy practices. Your use of a third-party website is governed by that website's own terms and privacy policy. You may not post a link that directs users to content that would violate these Terms.
14. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, SEARCH QUARRY, LLC PROVIDES ALL SERVICES, CONTENT, AND INFORMATION "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS. SEARCH QUARRY, LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, ACHIEVE THEIR INTENDED RESULTS, OR BE ACCURATE. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, SEARCH QUARRY, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
THERE ARE NO WARRANTIES RELATING TO ANY OF THE VEHICLES ABOUT WHICH INFORMATION IS POSTED ON THE SERVICES.
15. Limitation of Liability
SEARCH QUARRY, LLC IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR SEARCH QUARRY, LLC SYSTEMS, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH SEARCHQUARRY.COM OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF SEARCHQUARRY.COM OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF SEARCHQUARRY.COM OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDING ANY PRIVACY OR SECURITY BREACHES.
NEITHER SEARCH QUARRY, LLC, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, NOR SEARCH QUARRY, LLC'S THIRD-PARTY DATA PROVIDERS, WILL BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE SERVICES, OR (III) ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY SEARCH QUARRY, LLC'S ACTS OR OMISSIONS IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING THE SERVICES. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE SERVICES WILL IN NO EVENT EXCEED FIVE HUNDRED US DOLLARS ($500.00).
16. Indemnification
You agree to indemnify, defend, and hold harmless Search Quarry, LLC and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Services or any Information you obtain through the Services (or any third party receiving such information from or through you), (ii) your violation of these Terms of Service, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
17. Liquidated Damages
You agree that if you improperly use or disclose any of the data contained in the Services, it would be impracticable or extremely difficult to fix the actual damages resulting to us and our Data Providers. Therefore, you agree to pay to us and/or our Data Provider, the sum of One Hundred and No/100 Dollars ($100.00) per record contained in the Services that you improperly use or disclose in violation of these Terms of Service.
18. Security
We use commercially reasonable measures to provide the Services. Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. We do not guarantee that your information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features. You agree that we will not have any liability for misuse, access, acquisition, deletion, or disclosure of your information.
19. Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
19.1 Arbitration Notice
You and we agree that if there is any dispute or claim arising from or related to the Services and/or these Terms of Service, it will be resolved by confidential binding arbitration, rather than in court, after first giving Notice of the Dispute ("Notice") to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice. The Notice should be sent to: 732 S 6th St, Ste R, Las Vegas, NV 89101. This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.
If you and we are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or we may initiate arbitration proceedings. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms of Service as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration will take place in Clark County, Nevada, unless you and SearchQuarry agree otherwise, or by phone or video. If the claim is $10,000 or less, it may be decided on written submissions alone, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Nevada, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator will also decide any questions relating to the interpretation, applicability, or enforceability of this arbitration clause, except where a party files a claim in court because it is an Exempt Claim (as defined below). If either party files an Exempt Claim, the court presiding over that claim will determine if the claim is an Exempt Claim under this Arbitration Clause. The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to this Section (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Section, any such termination shall not be effective until thirty (30) days after the version of these Terms of Service containing this Section is posted to the websites and shall not be effective as to any claim that was filed in a proceeding against us prior to the effective date of termination.
CLASS-WIDE ARBITRATION WAIVER: YOU AND WE AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
EXEMPT CLAIMS: You and the Company agree that the following two types of claims are not required to be submitted to an arbitration subject to the following conditions:
(1) You or we are not required to arbitrate a claim brought on an individual basis in small-claims court. However, if (a) there is an appeal from small-claims court, or (b) a change in the claim that renders the small-claims court unable to resolve the claim, then the claim must be resolved in an arbitration under the terms of this Arbitration Provision.
(2) You or we are not required to arbitrate a claim brought on an individual basis to enjoin infringement or other misuse of intellectual property rights. Such a claim may be brought in any court of competent jurisdiction. You and We agree that the infringement or other misuse of intellectual property rights could cause irreparable harm for which monetary damages are an inadequate remedy. The prevailing party in an action to enjoin infringement or other misuse of intellectual property rights is entitled to recover costs and fees (including reasonable attorneys’ fees) in pursuing that remedy.
OPT OUT: You may opt out of this arbitration provision within 60 calendar days after you first agree to these Terms by sending a written notice by email to privacy@searchquarry.com, or by mail to Search Quarry, LLC, 732 S 6th St, Ste R, Las Vegas, NV 89101. Include your name, address, email address, the date, and a statement that you opt out of arbitration. This is the only way to opt out.
19.2 Class Action Waiver
YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND US. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
19.3 Claims and Disputes Must be Filed Within One (1) Year
To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.
20. Governing Law and Jurisdiction
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law rules. Subject to Section 19, any claim that is not arbitrated must be brought only in the state or federal courts located in Clark County, Nevada, and you and SearchQuarry consent to the personal jurisdiction of those courts.
21. General Provisions
These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements (including, but not limited to, any prior versions of these Terms of Service).
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
If any part of these Terms of Service is held invalid or unenforceable, that portion will 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 will remain in full force and effect. Our failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of that provision or any other provision of these Terms of Service. No waiver of any of the provisions of these Terms of Service is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
For existing members, if these Terms conflict with the member terms about a membership, the member terms control for that membership. For Partner purchases, the Partner's terms control.
22. Contact Us
Questions about these Terms: email support@searchquarry.com, call (800) 859-7375, or write to Search Quarry, LLC, 732 S 6th St, Ste R, Las Vegas, NV 89101. Customer service hours can vary, but are generally 7AM to 12AM Eastern Time for SearchQuarry members.
