Access to U.S. Criminal Checks, Inc. Web Site
Upon conducting a search U.S. Criminal Checks, Inc. grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, solely for the purpose of performing a nationwide 50 state criminal history report.
General Restrictions
1.) You agree that you are 18 years or older to use our U.S. Criminal Checks, Inc..
2.) The materials on U.S. Criminal Checks, Inc.’s web site and the data in U.S. Criminal Checks, Inc.’s databases are transmitted and distributed “as is” and appear on U.S. Criminal Checks, Inc.’s web site and in U.S. Criminal Checks, Inc.’s databases without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose.
3.) U.S. Criminal Checks, Inc. makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any records/materials on U.S. Criminal Checks, Inc.’s web site or in U.S. Criminal Checks, Inc.’s databases.
4.) You understand that all information contained in and re-sold by U.S. Criminal Checks, Inc. is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.
5.) You agree to use our information only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.
6.) You agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18.
7.) Information shall not be provided or resold to any other person or entity without our prior written consent.
8.) All searches in U.S. Criminal Checks, Inc.’s databases are tracked, and you consent to such tracking and to the provision of all information about your use of our databases to law enforcement and others as may be useful to.
Search Restrictions
1.) You understand and agree that our searches do not include records that are or have been sealed and/or expunged.
2.) Juvenile records are not covered. If crimes were committed before the age of 18, they will not show up in your search results, even if the subject is now over the age of 18.
Fees and No Refund Policy
The fee that you are charged to order a instant search is a search fee only, regardless if any records are found or not. You understand and agree to pay the search fee for all responses returned from our instant searches, even if said responses include ‘zero’ or ‘no records were found’.
U.S. Criminal Checks, Inc. enforces a ‘No-Refund Policy’ and will not refund fees for cases in which you enter incorrect information, nor is U.S. Criminal Checks, Inc. obligated to rerun a report with corrected information.
Every search that is processed through our systems incurs fixed and variable costs for our organization. Whether the search results yield hundreds of offense records, or none at all, orders are fulfilled using the same rigorous standards and certified processes.
You understand that, unless otherwise agreed to in a writing signed by U.S. Criminal Checks, Inc.. U.S. Criminal Checks, Inc. will charge you fees as published on the U.S. Criminal Checks, Inc. web site at the time each search is ordered. U.S. Criminal Checks, Inc. Reserves the right to change the fees charged for the use of U.S. Criminal Checks, Inc. and for use of U.S. Criminal Checks, Inc.’s databases, and these terms of use, at any time for any reason.
Coverage Area
You have read and agree to our search coverage area for each state. You can view our coverage at our ordering page by clicking on the ‘coverage area’ link. U.S. Criminal Checks, Inc. is not responsible for the accuracy of the coverage area, and reserves the right to modify the coverage area without notice.
Search Results
Your search results will be stored on U.S. Criminal Checks, Inc.’s server for 5 (five) days from the date/time of order. After the 5 days your search results will be permanently deleted.
FCRA Restrictions
U.S. Criminal Checks, Inc. is a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”).
You agree that you shall not use any of U.S. Criminal Checks, Inc.’s information as a factor in:
1.) Establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations.
2.) Any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
Some of the information reported by U.S. Criminal Checks, Inc. databases, including all criminal records, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at: www.ftc.gov/os/statutes/fcrajan2002.pdf.
You have received the prescribed notice of your duty as a user of a consumer report under the FCRA. In cases where you (or your agent or employer) provide a third party with information obtained by you from the U.S. Criminal Checks, Inc. web site or U.S. Criminal Checks, Inc. and/or databases, you will provide all such third parties with the prescribed notice of their duties as a user of a consumer report under the FCRA.
Governing Law
These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Florida, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in, Florida for all legal actions related to U.S. Criminal Checks, Inc., U.S. Criminal Checks, Inc.’s databases, or this Agreement. This Agreement constitutes the entire Agreement between U.S. Criminal Checks, Inc., and you, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS U.S. Criminal Checks, Inc. INC AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY U.S. Criminal Checks, Inc. INC, IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES YOU PERFORMED ON U.S. Criminal Checks, Inc. INC’S DATABASES.
DISCLAIMER OF WARRANTIES
You make each of the above statements and certifications with respect to you personally, as well on behalf of your employer and any other person or entity to which you provide reports or information based on data obtained from U.S. Criminal Checks, Inc.’s databases. you have the authority to act on behalf of all such other persons or entities in making these statements and certifications. YOU UNDERSTAND AND AGREE THAT YOUR USE OF U.S. Criminal Checks, Inc. INC’S DATABASES IS ENTIRELY AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT U.S. Criminal Checks, Inc. INC WILL NOT BE RESPONSIBLE TO YOURSELF OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF U.S. Criminal Checks, Inc. INC’S DATABASES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF U.S. Criminal Checks, Inc. INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
U.S. Criminal Checks, Inc. FCRA SUBSCRIBER AGREEMENT
______________________________________________________ PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE CLICKING THE “ACCEPT” BUTTON FOR THIS AGREEMENT. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER (“YOU” OR “YOUR”), AND YOU AND YOUR EMPLOYER HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. For purposes of this Agreement only, you understand that U.S. Criminal Checks, Inc. is a consumer reporting agency and provides consumer reports and investigative consumer reports (“Screening Reports”) as defined by the Fair Credit Reporting Act (“FCRA”). U.S. Criminal Checks, Inc. will furnish you with Screening Reports for employment background screening of applicants (“Applicant”), conditioned upon your compliance with this Agreement and fulfillment of all your obligations (including payment) under this Agreement (and any other agreements you and U.S. Criminal Checks, Inc. may have).
YOU UNDERSTAND THAT THE PROVISIONS IN THIS AGREEMENT (INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY) REPRESENT AN AGREED UPON PRICE-RISK ALLOCATION. U.S. Criminal Checks, Inc. WOULD NOT BE ABLE TO OFFER YOU ITS CURRENT PRICING STRUCTURE BUT FOR THIS ALLOCATION.
1. You and your company shall:
a) Comply with all applicable federal, state and local laws governing the access and use of Screening Reports. This includes, without limitation, providing any Applicant with any consents, disclosures and reports required by the FCRA, and obtaining the prior written consent of the Applicant before procuring a Screening Report on the Applicant.
b) Comply with FCRA Section 606(a) (2) and applicable state and local laws each time you request an “Investigative Consumer Report” (as defined by the FCRA and/or state and local laws) from U.S. Criminal Checks, Inc. for any Applicant.
c) Assume full responsibility for the final verification of the Applicant’s identity.
d) Not request or rely on opinions from U.S. Criminal Checks, Inc. regarding which applicant to hire.
e) Utilize independent legal advice regarding the use of any Screening Reports provided by U.S. Criminal Checks, Inc..
f) Keep strictly confidential in accordance with this Agreement any information and identification numbers and passwords you receive from or gain access through U.S. Criminal Checks, Inc. (U.S. Criminal Checks, Inc. may, upon request, have you provide a list of user names and e-mail addresses of all those authorized to access your account).
g) Not authorize any person to access the U.S. Criminal Checks, Inc. site for the purpose of obtaining Screening Reports who is not your employee and who has not reviewed, understood and agreed in writing to be bound by the provisions of this Agreement.
h) Remain responsible for all your account activity and use your account only for your company’s internal business requirements, and for performing administrative functions pertaining thereto (i.e., HR and employment related functions). You may not sublicense, license, rent, sell, loan, give or perform marketing activities to make available all or any part of your account to a third party.
i) For six years from the date you receive the Screening Report, keep a copy or copies of: (1) the Screening Report, (2) the consent form you obtained from the Applicant for the applicable Screening Report, and (3) a description of how you used or relied on the Screening Report in making a decision about Applicant.
j) Pay U.S. Criminal Checks, Inc. by VISA, MasterCard or other payment method as U.S. Criminal Checks, Inc. may accept from time to time, for any U.S. Criminal Checks, Inc. product or service.
k) U.S. Criminal Checks, Inc. intellectual properties are protected by United States copyright laws and international treaty provisions. U.S. Criminal Checks, Inc. owns and retains all right, title, and interest in and to the U.S. Criminal Checks, Inc. websites, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted to you under this Agreement do not transfer to you any title in any U.S. Criminal Checks, Inc. intellectual properties, and you shall not acquire any rights except as expressly set forth in this Agreement. You shall not alter or remove any notices, graphics or text contained on or in any online content, Screening Reports, tests or underlying software (if any). You shall not copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert or apply any procedure or process to any online content, tests, Screening Reports, or underlying software to ascertain, derive and/pr appropriate any source code, source listings, trade secret information or process contained therein.
2. U.S. Criminal Checks, Inc. shall:
a) Comply with applicable federal, state and local laws in the preparation and transmission of Screening Reports (including, without limitation, providing an Applicant with the substance of the report and information contained in the Screening Report, upon receipt of a written request from an Applicant).
b) Follow reasonable quality assurance procedures to assure the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current.
c) Re-verify in writing, at no cost to you, any disputed Screening Report when either you or the Applicant makes a request in accordance with applicable law.
d) Maintain consumer report information and transaction details for a minimum of six (6) years.
e) Reserve the right to suspend or terminate your access to any U.S. Criminal Checks, Inc. products or services, including the Screening Reports, if U.S. Criminal Checks, Inc. believes you have breached all or portions of this Agreement.
3. U.S. Criminal Checks, Inc. shall not: (1) provide any legal advice or counsel regarding your reliance upon or use of any Screening Reports; or, (2) assume any risk or liability associated with your use of the Screening Reports, U.S. Criminal Checks, Inc. databases or information. U.S. Criminal Checks, Inc. is not responsible for any failure to perform under this Agreement when such failure arises from or relates to any acts of God, public enemies, terrorism, civil war, insurrection, riot or demonstration, fire, flood, explosion, earthquake, accident, strike labor difficulties, work interruption or any other cause beyond its reasonable control.
4. LIMITED WARRANTY AND REMEDY. U.S. Criminal Checks, Inc. warrants only that: (a) it will provide Screening Reports based on U.S. Criminal Checks, Inc.’ then-current access to public databases and (b) it will follow reasonable quality assurance procedures regarding the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current. If U.S. Criminal Checks, Inc. materially breaches this warranty, it may, at its sole discretion, re-perform the applicable search or refund your fees for that search. You understand and agree that this is your sole and exclusive remedy for any breach of this warranty.
5. DISCLAIMER OF WARRANTIES. Screening Reports and other information in the U.S. Criminal Checks, Inc. databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information on Applicants for verification purposes. Neither U.S. Criminal Checks, Inc. nor any of its suppliers represents or warrants that the information is current, complete or accurate. Except for the limited warranty in Section 4 above, U.S. Criminal Checks, Inc. HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR SCREENING REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
6. LIMITATION ON U.S. Criminal Checks, Inc.’ LIABILITY. NEITHER U.S. Criminal Checks, Inc. NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR SCREENING REPORTS SHALL BE LIABLE TO YOU OR ANY APPLICANT FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY DATA, INFORMATION OR SCREENING REPORTS, UNLESS SUCH DAMAGES AROSE OUT OF U.S. Criminal Checks, Inc.’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
U.S. Criminal Checks, Inc.’ LIABILITY SHALL IN NO EVENT EXCEED FEES ACTUALLY PAID BY YOU AND RECEIVED BY U.S. Criminal Checks, Inc. FOR THE SCREENING REPORTS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Your Indemnification of U.S. Criminal Checks, Inc.. You shall indemnify, defend and hold U.S. Criminal Checks, Inc. harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorneys’ fees, expert witness fees and costs based upon any breach of this Agreement by you, including without limitation the illegal or wrongful use of any Screening Report, your gross negligence or intentional wrongdoing in connection with the use of the Screening Report, unsubstantiated claims brought by an Applicant, or your failure to comply with your obligations under the FCRA or other applicable federal, state or local laws.
8. Confidentiality. Each party shall treat all data and information, especially any Screening Reports, disclosed to you under this Agreement as strictly confidential. Screening Reports and the information and data contained in them shall not be distributed, sold or shared with any third party nor used by each party in any way except as expressly authorized by law. Disclosure of such information may be cause for criminal and/or civil legal action against either party and either party or any involved third party, and state agencies are not responsible for the defense of any such action. ANY PERSON WHO WILLFULLY AND KNOWINGLY OBTAINS, RESELLS, TRANSFER, OR USES INFORMATION IN VIOLATION OF LAW MAY BE SUBJECT TO CRIMINAL CHARGES AND/OR LIABLE TO ANY INJURED PARTY FOR TREBLE DAMAGES, REASONABLE ATTORNEYS’ FEES, AND COSTS. OTHER CIVIL AND CRIMINAL LAWS MAY ALSO APPLY. Each party hereby affirms, agrees and covenants that such party is and shall remain in compliance with all applicable laws and the terms and conditions of this Agreement for the security and confidentiality of motor vehicle and driver records.
The first four paragraphs of this Agreement, 1(a), 1(f), 1(g), 1(i), 2(d), 3 through 11, and all your obligations under the “Employer Certification” provisions, below, shall survive any expiration or termination of this Agreement.
9. Priority of Documents. In the event there is a conflict between this Agreement and any other agreements between you and U.S. Criminal Checks, Inc., the relevant terms and conditions of this Agreement shall control.
10. General. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington, USA. The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington, USA and waive all objection and challenge to such venue and personal jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this Agreement. You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement or delegate any duties under this Agreement to any third party without U.S. Criminal Checks, Inc.’ prior written consent, except for an assignment to your successors through merger, name change, consolidation, or sale of a majority of your stock or assets, and so long as such assignee continues in good faith to fulfill all your obligations hereunder. Any attempted assignment or transfer in violation of the foregoing will be void. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys’ fees, expert witness fees and costs. If any term or provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or of any association between any of the parties hereto other than independent contracting parties. This Agreement shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and sent by telephone facsimile transmission, certified or registered mail with return receipt requested, or express courier or delivery service and addressed to you at the address noted below, then on record at U.S. Criminal Checks, Inc., or to such other address as you may from time to time specify by notice to U.S. Criminal Checks, Inc. in writing. You may deliver notices to U.S. Criminal Checks, Inc., at PO Box 6703, Lake Worth, FL33466. Access to U.S. Criminal Checks, Inc. Web Site
Upon conducting a search U.S. Criminal Checks, Inc. grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, solely for the purpose of performing a nationwide 50 state criminal history report.
General Restrictions
1.) You agree that you are 18 years or older to use our U.S. Criminal Checks, Inc..
2.) The materials on U.S. Criminal Checks, Inc.’s web site and the data in U.S. Criminal Checks, Inc.’s databases are transmitted and distributed “as is” and appear on U.S. Criminal Checks, Inc.’s web site and in U.S. Criminal Checks, Inc.’s databases without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose.
3.) U.S. Criminal Checks, Inc. makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any records/materials on U.S. Criminal Checks, Inc.’s web site or in U.S. Criminal Checks, Inc.’s databases.
4.) You understand that all information contained in and re-sold by U.S. Criminal Checks, Inc. is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.
5.) You agree to use our information only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.
6.) You agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18.
7.) Information shall not be provided or resold to any other person or entity without our prior written consent.
8.) All searches in U.S. Criminal Checks, Inc.’s databases are tracked, and you consent to such tracking and to the provision of all information about your use of our databases to law enforcement and others as may be useful to.
Search Restrictions
1.) You understand and agree that our searches do not include records that are or have been sealed and/or expunged.
2.) Juvenile records are not covered. If crimes were committed before the age of 18, they will not show up in your search results, even if the subject is now over the age of 18.
Fees and No Refund Policy
The fee that you are charged to order a instant search is a search fee only, regardless if any records are found or not. You understand and agree to pay the search fee for all responses returned from our instant searches, even if said responses include ‘zero’ or ‘no records were found’.
U.S. Criminal Checks, Inc. enforces a ‘No-Refund Policy’ and will not refund fees for cases in which you enter incorrect information, nor is U.S. Criminal Checks, Inc. obligated to rerun a report with corrected information.
Every search that is processed through our systems incurs fixed and variable costs for our organization. Whether the search results yield hundreds of offense records, or none at all, orders are fulfilled using the same rigorous standards and certified processes.
You understand that, unless otherwise agreed to in a writing signed by U.S. Criminal Checks, Inc.. U.S. Criminal Checks, Inc. will charge you fees as published on the U.S. Criminal Checks, Inc. web site at the time each search is ordered. U.S. Criminal Checks, Inc. Reserves the right to change the fees charged for the use of U.S. Criminal Checks, Inc. and for use of U.S. Criminal Checks, Inc.’s databases, and these terms of use, at any time for any reason.
Coverage Area
You have read and agree to our search coverage area for each state. You can view our coverage at our ordering page by clicking on the ‘coverage area’ link. U.S. Criminal Checks, Inc. is not responsible for the accuracy of the coverage area, and reserves the right to modify the coverage area without notice.
Search Results
Your search results will be stored on U.S. Criminal Checks, Inc.’s server for 5 (five) days from the date/time of order. After the 5 days your search results will be permanently deleted.
FCRA Restrictions
U.S. Criminal Checks, Inc. is a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”).
You agree that you shall not use any of U.S. Criminal Checks, Inc.’s information as a factor in:
1.) Establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations.
2.) Any other personal business transaction with another individual (including, but not limited to, leasing an apartment).
Some of the information reported by U.S. Criminal Checks, Inc. databases, including all criminal records, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at: www.ftc.gov/os/statutes/fcrajan2002.pdf.
You have received the prescribed notice of your duty as a user of a consumer report under the FCRA. In cases where you (or your agent or employer) provide a third party with information obtained by you from the U.S. Criminal Checks, Inc. web site or U.S. Criminal Checks, Inc. and/or databases, you will provide all such third parties with the prescribed notice of their duties as a user of a consumer report under the FCRA.
Governing Law
These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Florida, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in, Florida for all legal actions related to U.S. Criminal Checks, Inc., U.S. Criminal Checks, Inc.’s databases, or this Agreement. This Agreement constitutes the entire Agreement between U.S. Criminal Checks, Inc., and you, and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS U.S. Criminal Checks, Inc. INC AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY U.S. Criminal Checks, Inc. INC, IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES YOU PERFORMED ON U.S. Criminal Checks, Inc. INC’S DATABASES.
DISCLAIMER OF WARRANTIES
You make each of the above statements and certifications with respect to you personally, as well on behalf of your employer and any other person or entity to which you provide reports or information based on data obtained from U.S. Criminal Checks, Inc.’s databases. you have the authority to act on behalf of all such other persons or entities in making these statements and certifications. YOU UNDERSTAND AND AGREE THAT YOUR USE OF U.S. Criminal Checks, Inc. INC’S DATABASES IS ENTIRELY AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT U.S. Criminal Checks, Inc. INC WILL NOT BE RESPONSIBLE TO YOURSELF OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF U.S. Criminal Checks, Inc. INC’S DATABASES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF U.S. Criminal Checks, Inc. INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
U.S. Criminal Checks, Inc. FCRA SUBSCRIBER AGREEMENT
______________________________________________________ PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE CLICKING THE “ACCEPT” BUTTON FOR THIS AGREEMENT. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER (“YOU” OR “YOUR”), AND YOU AND YOUR EMPLOYER HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. For purposes of this Agreement only, you understand that U.S. Criminal Checks, Inc. is a consumer reporting agency and provides consumer reports and investigative consumer reports (“Screening Reports”) as defined by the Fair Credit Reporting Act (“FCRA”). U.S. Criminal Checks, Inc. will furnish you with Screening Reports for employment background screening of applicants (“Applicant”), conditioned upon your compliance with this Agreement and fulfillment of all your obligations (including payment) under this Agreement (and any other agreements you and U.S. Criminal Checks, Inc. may have).
YOU UNDERSTAND THAT THE PROVISIONS IN THIS AGREEMENT (INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY) REPRESENT AN AGREED UPON PRICE-RISK ALLOCATION. U.S. Criminal Checks, Inc. WOULD NOT BE ABLE TO OFFER YOU ITS CURRENT PRICING STRUCTURE BUT FOR THIS ALLOCATION.
1. You and your company shall:
a) Comply with all applicable federal, state and local laws governing the access and use of Screening Reports. This includes, without limitation, providing any Applicant with any consents, disclosures and reports required by the FCRA, and obtaining the prior written consent of the Applicant before procuring a Screening Report on the Applicant.
b) Comply with FCRA Section 606(a) (2) and applicable state and local laws each time you request an “Investigative Consumer Report” (as defined by the FCRA and/or state and local laws) from U.S. Criminal Checks, Inc. for any Applicant.
c) Assume full responsibility for the final verification of the Applicant’s identity.
d) Not request or rely on opinions from U.S. Criminal Checks, Inc. regarding which applicant to hire.
e) Utilize independent legal advice regarding the use of any Screening Reports provided by U.S. Criminal Checks, Inc..
f) Keep strictly confidential in accordance with this Agreement any information and identification numbers and passwords you receive from or gain access through U.S. Criminal Checks, Inc. (U.S. Criminal Checks, Inc. may, upon request, have you provide a list of user names and e-mail addresses of all those authorized to access your account).
g) Not authorize any person to access the U.S. Criminal Checks, Inc. site for the purpose of obtaining Screening Reports who is not your employee and who has not reviewed, understood and agreed in writing to be bound by the provisions of this Agreement.
h) Remain responsible for all your account activity and use your account only for your company’s internal business requirements, and for performing administrative functions pertaining thereto (i.e., HR and employment related functions). You may not sublicense, license, rent, sell, loan, give or perform marketing activities to make available all or any part of your account to a third party.
i) For six years from the date you receive the Screening Report, keep a copy or copies of: (1) the Screening Report, (2) the consent form you obtained from the Applicant for the applicable Screening Report, and (3) a description of how you used or relied on the Screening Report in making a decision about Applicant.
j) Pay U.S. Criminal Checks, Inc. by VISA, MasterCard or other payment method as U.S. Criminal Checks, Inc. may accept from time to time, for any U.S. Criminal Checks, Inc. product or service.
k) U.S. Criminal Checks, Inc. intellectual properties are protected by United States copyright laws and international treaty provisions. U.S. Criminal Checks, Inc. owns and retains all right, title, and interest in and to the U.S. Criminal Checks, Inc. websites, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted to you under this Agreement do not transfer to you any title in any U.S. Criminal Checks, Inc. intellectual properties, and you shall not acquire any rights except as expressly set forth in this Agreement. You shall not alter or remove any notices, graphics or text contained on or in any online content, Screening Reports, tests or underlying software (if any). You shall not copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert or apply any procedure or process to any online content, tests, Screening Reports, or underlying software to ascertain, derive and/pr appropriate any source code, source listings, trade secret information or process contained therein.
2. U.S. Criminal Checks, Inc. shall:
a) Comply with applicable federal, state and local laws in the preparation and transmission of Screening Reports (including, without limitation, providing an Applicant with the substance of the report and information contained in the Screening Report, upon receipt of a written request from an Applicant).
b) Follow reasonable quality assurance procedures to assure the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current.
c) Re-verify in writing, at no cost to you, any disputed Screening Report when either you or the Applicant makes a request in accordance with applicable law.
d) Maintain consumer report information and transaction details for a minimum of six (6) years.
e) Reserve the right to suspend or terminate your access to any U.S. Criminal Checks, Inc. products or services, including the Screening Reports, if U.S. Criminal Checks, Inc. believes you have breached all or portions of this Agreement.
3. U.S. Criminal Checks, Inc. shall not: (1) provide any legal advice or counsel regarding your reliance upon or use of any Screening Reports; or, (2) assume any risk or liability associated with your use of the Screening Reports, U.S. Criminal Checks, Inc. databases or information. U.S. Criminal Checks, Inc. is not responsible for any failure to perform under this Agreement when such failure arises from or relates to any acts of God, public enemies, terrorism, civil war, insurrection, riot or demonstration, fire, flood, explosion, earthquake, accident, strike labor difficulties, work interruption or any other cause beyond its reasonable control.
4. LIMITED WARRANTY AND REMEDY. U.S. Criminal Checks, Inc. warrants only that: (a) it will provide Screening Reports based on U.S. Criminal Checks, Inc.’ then-current access to public databases and (b) it will follow reasonable quality assurance procedures regarding the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current. If U.S. Criminal Checks, Inc. materially breaches this warranty, it may, at its sole discretion, re-perform the applicable search or refund your fees for that search. You understand and agree that this is your sole and exclusive remedy for any breach of this warranty.
5. DISCLAIMER OF WARRANTIES. Screening Reports and other information in the U.S. Criminal Checks, Inc. databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information on Applicants for verification purposes. Neither U.S. Criminal Checks, Inc. nor any of its suppliers represents or warrants that the information is current, complete or accurate. Except for the limited warranty in Section 4 above, U.S. Criminal Checks, Inc. HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR SCREENING REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
6. LIMITATION ON U.S. Criminal Checks, Inc.’ LIABILITY. NEITHER U.S. Criminal Checks, Inc. NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR SCREENING REPORTS SHALL BE LIABLE TO YOU OR ANY APPLICANT FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY DATA, INFORMATION OR SCREENING REPORTS, UNLESS SUCH DAMAGES AROSE OUT OF U.S. Criminal Checks, Inc.’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
U.S. Criminal Checks, Inc.’ LIABILITY SHALL IN NO EVENT EXCEED FEES ACTUALLY PAID BY YOU AND RECEIVED BY U.S. Criminal Checks, Inc. FOR THE SCREENING REPORTS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Your Indemnification of U.S. Criminal Checks, Inc.. You shall indemnify, defend and hold U.S. Criminal Checks, Inc. harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorneys’ fees, expert witness fees and costs based upon any breach of this Agreement by you, including without limitation the illegal or wrongful use of any Screening Report, your gross negligence or intentional wrongdoing in connection with the use of the Screening Report, unsubstantiated claims brought by an Applicant, or your failure to comply with your obligations under the FCRA or other applicable federal, state or local laws.
8. Confidentiality. Each party shall treat all data and information, especially any Screening Reports, disclosed to you under this Agreement as strictly confidential. Screening Reports and the information and data contained in them shall not be distributed, sold or shared with any third party nor used by each party in any way except as expressly authorized by law. Disclosure of such information may be cause for criminal and/or civil legal action against either party and either party or any involved third party, and state agencies are not responsible for the defense of any such action. ANY PERSON WHO WILLFULLY AND KNOWINGLY OBTAINS, RESELLS, TRANSFER, OR USES INFORMATION IN VIOLATION OF LAW MAY BE SUBJECT TO CRIMINAL CHARGES AND/OR LIABLE TO ANY INJURED PARTY FOR TREBLE DAMAGES, REASONABLE ATTORNEYS’ FEES, AND COSTS. OTHER CIVIL AND CRIMINAL LAWS MAY ALSO APPLY. Each party hereby affirms, agrees and covenants that such party is and shall remain in compliance with all applicable laws and the terms and conditions of this Agreement for the security and confidentiality of motor vehicle and driver records.
The first four paragraphs of this Agreement, 1(a), 1(f), 1(g), 1(i), 2(d), 3 through 11, and all your obligations under the “Employer Certification” provisions, below, shall survive any expiration or termination of this Agreement.
9. Priority of Documents. In the event there is a conflict between this Agreement and any other agreements between you and U.S. Criminal Checks, Inc., the relevant terms and conditions of this Agreement shall control.
10. General. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in King County, Washington, USA. The parties hereby consent to personal jurisdiction over them by the courts within King County, Washington, USA and waive all objection and challenge to such venue and personal jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this Agreement. You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement or delegate any duties under this Agreement to any third party without U.S. Criminal Checks, Inc.’ prior written consent, except for an assignment to your successors through merger, name change, consolidation, or sale of a majority of your stock or assets, and so long as such assignee continues in good faith to fulfill all your obligations hereunder. Any attempted assignment or transfer in violation of the foregoing will be void. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys’ fees, expert witness fees and costs. If any term or provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or of any association between any of the parties hereto other than independent contracting parties. This Agreement shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and sent by telephone facsimile transmission, certified or registered mail with return receipt requested, or express courier or delivery service and addressed to you at the address noted below, then on record at U.S. Criminal Checks, Inc., or to such other address as you may from time to time specify by notice to U.S. Criminal Checks, Inc. in writing. You may deliver notices to U.S. Criminal Checks, Inc., at PO Box 6703, Lake Worth, FL33466.