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Terms & Conditions

TERMS OF USE
Last Updated: May 24, 2023

​Please read these Terms of Use ("Terms") carefully before using the AlphaTrace website ("Website"), operated by AlphaTrace Research, LLC ("AlphaTrace," "we," "us," or "our"). These Terms govern your access to and use of the Website, and by accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Website.

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  1. Acceptance of Terms

    • By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Website on behalf of an organization, you represent and warrant that you have the necessary authority to bind that organization to these Terms.

  2. User Eligibility

    • 2.1. Restricted Access: The Website is intended for use solely by licensed attorneys or case managers acting solely on their behalf. By using the Website, you represent and warrant that you are a licensed attorney in good standing and that you meet the eligibility requirements.

    • 2.2. Verification: AlphaTrace reserves the right to verify the credentials of users and request supporting documentation to confirm their attorney status. Failure to provide satisfactory verification may result in the termination or suspension of access to the Website.

  3. Intellectual Property

    • All content and materials available on the Website, including but not limited to text, graphics, logos, images, videos, and software, are the property of AlphaTrace or its licensors and are protected by intellectual property laws. You may not use, reproduce, modify, distribute, or exploit any content from the Website without prior written consent from AlphaTrace.

  4. Accuracy of Information

    • AlphaTrace strives to provide accurate and up-to-date information regarding insurance policies and related matters. However, the information presented on our platform, including but not limited to policy analysis, coverage summaries, and industry insights, is for general informational purposes only. It should not be considered as legal, financial, or insurance advice, nor a substitute for professional consultation.​

    • AlphaTrace makes no guarantees or warranties, express or implied, regarding the accuracy, completeness, reliability, or timeliness of the information provided. Users are solely responsible for independently verifying the accuracy and applicability of the information obtained from AlphaTrace.

  5. Use of the Website

    • 4.1. License: Subject to these Terms, AlphaTrace grants licensed attorneys or those acting on their behalf a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for professional purposes related to their legal practice.

    • 4.2. Prohibited Conduct: When using the Website, you agree not to:

      • a. Violate any applicable law or regulation;

      • b. Infringe upon any intellectual property or other rights of AlphaTrace or third parties;

      • c. Interfere with or disrupt the functionality of the Website;

      • d. Engage in any unauthorized data collection or harvesting;

      • e. Use the Website to transmit any malicious software or engage in any hacking or other malicious activities;

      • f. Use the Website to distribute spam, unsolicited promotions, or other unauthorized advertising materials;

      • g. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  6. Third-Party Content and Links

    • The Website may contain links to third-party websites, advertisements, or content that is not owned or controlled by AlphaTrace. We do not endorse or assume any responsibility for such third-party materials. Accessing and using third-party content or websites is at your own risk, and you should review the applicable terms and privacy policies.

  7. Privacy

    • Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Website, you consent to our collection and use of your information as described in the Privacy Policy.

  8. Disclaimer of Warranties

    • THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. ALPHATRACE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

  9. Limitation of Liability

    • IN NO EVENT SHALL ALPHATRACE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS RELATED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID, IF ANY, FOR THE USE OF THE WEBSITE.

  10. Indemnification​

    • By using AlphaTrace's services, users agree to indemnify, defend, and hold AlphaTrace, its affiliates, partners, and employees harmless from any claims, demands, liabilities, losses, damages, costs, and expenses, including reasonable attorney fees, arising out of or in connection with the user's use or misuse of the services provided by AlphaTrace.​

  11. Modifications to the Terms

    • AlphaTrace reserves the right to modify or update these Terms at any time without prior notice. It is your responsibility to review the Terms periodically. Continued use of the Website after any modifications constitutes your acceptance of the revised Terms.

  12. Governing Law and Jurisdiction

    • These Terms shall be governed by and construed in accordance with the laws of Idaho. Any disputes arising out of or in connection with these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts of Ada County, Idaho.

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If you have any questions or concerns regarding these Terms, please contact us at contact@alphatracer.com.

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By using the AlphaTrace Website, you acknowledge that you have read, understood, and agreed to these Terms of Use.

PAYMENT TERMS - NET (10) BUSINESS DAYS

These Payments Terms ("Terms") govern the payment terms and conditions between AlphaTrace Research ("AlphaTrace," "we," or "our") and the users ("User," "you," or "your") of our services. By accessing or using our website or services, you agree to comply with these Terms. Please read them carefully.

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  1. Payment Obligations:

    • 1.1. All payments to AlphaTrace Research shall be made in accordance with the terms outlined in this agreement.

    • 1.2. AlphaTrace Research shall issue an invoice to the User specifying the amount due for the services rendered.

    • 1.3. The User shall make payment to AlphaTrace Research within ten (10) business days from the date of the invoice ("Payment Due Date").

    • 1.4. The User will be granted a ten (10) business day grace period. Invoices not paid within the ten (10) day grace period will result in an additional twenty-five-dollar ($25) late fee. Invoices not paid within sixty (60) calendar days will be sent to collections and the pursuit of legal remedies.

  2. Payment Methods:

    • 2.1. The User shall make payments using the accepted payment methods as specified by AlphaTrace Research, including but not limited to bank transfer, credit card, check, or electronic payment systems.

    • 2.2. The User is responsible for any transaction fees or charges imposed by the chosen payment method.

  3. Late Payment:

    • 3.1. If the User fails to make payment within the specified Payment Due Date, AlphaTrace Research reserves the right to take appropriate action, including but not limited to:

      • a. Charging interest on the outstanding amount at a rate of [insert interest rate] per annum, calculated from the Payment Due Date until the date of payment.

      • b. Suspending or terminating the provision of services until all outstanding payments are settled.

      • c. Taking legal action to recover the unpaid amount, in which case the User shall be liable for all associated costs and expenses.

  4. Disputed Invoices:

    • 4.1. If the User believes that an invoice is incorrect or requires clarification, the User must notify AlphaTrace Research in writing within five (5) business days from the receipt of the invoice.

    • 4.2. Upon receiving a notification, AlphaTrace Research will promptly review the invoice and provide a response to the User.

    • 4.3. If a dispute is resolved in favor of the User, any necessary adjustments or refunds will be made accordingly.

  5. Confidentiality:

    • 6.1. AlphaTrace Research understands the importance of data privacy and will handle all payment-related information in accordance with its Privacy Policy.

    • 6.2. The User agrees not to disclose any confidential information obtained during the payment process to any third party without prior written consent from AlphaTrace Research.

  6. Modifications and Termination:

    • 7.1. AlphaTrace Research reserves the right to modify these Payments Terms at any time without prior notice. Any changes will become effective upon posting on our website.

    • 7.2. AlphaTrace Research may terminate the provision of services in the event of persistent non-payment or violation of these Payments Terms by the User.

  7. Governing Law and Jurisdiction:

    • 8.1. These Payments Terms shall be governed by and construed in accordance with the laws of Idaho.

    • 8.2. Any disputes arising out of or in connection with these Payments Terms shall be subject to the exclusive jurisdiction of the courts of Ada County, Idaho.​

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By using our services, you acknowledge that you have read, understood, and agreed to these Payments Terms. If you do not agree with any part of these Terms, please refrain from using our services.

ADDITIONAL PAYMENT & PROCESS INFORMATION

Prices quoted on the FEE SCHEDULE are "per policy request" and will apply where a policy or self-insurer fails to provide coverage for any reason, such as policy exclusions. If a trace request results in a confirmation of "NO COVERAGE" or "NO POLICY IN PLACE" or there is determined to be no coverage for the exact date of loss requested, the trace result is still considered to be succesful search. A "NO-HIT" or an "INCONCLUSIVE RESULT" will result in absolutely NO FEE to your firm.​

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A succesful trace request will result in a "HIT". A "HIT" indicates we were able to verify an active policy on the date of loss, discover policy limits and verify accuracy of the information obtained through one or more sources. The only time your firm will not be invoiced for a liability search is if we are unable to obtain and verify the accuracy of the policy limits on the date of loss. 

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A result is considered to be a "NO HIT" if your researcher is unable to verify policy limits or lacks evidence of definitive coverage on the date of loss. AlphaTrace will report policy limits only for the date of loss provided. If it is determined there was no coverage, we will report the limits sought as either zero (0) or "NO COVERAGE". A "NO COVERAGE" result or zero (0) bodily injury limits result is considered to be a succesful search, and will be billed in accordance with our payment terms.

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AlphaTrace has determined that the best way to save our clients time is by shortening our information gathering request forms, which also minimizes potential transpositional errors when inputing data. Instead, AlphaTrace must request that any and all documents (i.e., traffic collision reports, letters of acknowledgement, claims forms, insurance cards, drivers' licenses & other correspondence) as well as pictures from the scene be included at the original time the trace request is submitted. This ensures limited requests for additional information will be required, knowing that our researchers are in possesion of all available material and have the best chance at completing your request in a timely manner.

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In the event that a supporting document is known to contain outdated or expired insurance information, AlphaTrace asks that you provide the most current insurance policy information available to your firm, on the request form.

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In situations where incomplete or inaccurate information is submitted in suport of your trace request, we will do our best to communicate any additional information we may need to succesfully research your case.

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A termination fee may be assessed if the 24 hour window after submission has passed. This ensures that if your assigned researcher has already begun processing your request, they may still be partially compensated for the work performed.

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CUSTOMER AGREEMENT

By utilizing the services of AlphaTrace Research, the customer ("Customer") affirms and declares their commitment to the following terms

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  1. Lawful Use: Customer agrees to use AlphaTrace Research services solely for lawful purposes in all applicable jurisdictions. Customer acknowledges and agrees to comply with all relevant laws and regulations when utilizing the services provided.

  2. Accurate and Complete Information: Customer acknowledges the importance of providing accurate, current, and complete information about the individual(s) or companies to be searched. Customer agrees to request all required information at the time the initial request is submitted. Any inaccuracies, incompleteness, or outdated information provided by the Customer may absolve AlphaTrace Research from any responsibility for inaccurate reports or information given to the Customer, as well as any damages resulting from Customer's reliance on such information.

  3. Third-Party Data: Customer acknowledges that the information provided by AlphaTrace Research is sourced from third-party platforms. Consequently, the information may contain inaccuracies, errors, omissions, or be out of date. Customer understands that AlphaTrace Research does not assume responsibility for the accuracy or completeness of the information provided and that any reliance on such information is at the sole discretion and risk of the Customer.

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By using the services of AlphaTrace Research, the Customer acknowledges and agrees to abide by the terms and conditions outlined above.

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