Section 1.1 What is this document?
This is a legally binding service agreement between two parties. You personally are one party. The other party is e-backgroundchecks.com, Inc., a Texas corporation doing business as backgroundchecks.com, whom this agreement calls “we” and “us.
Section 1.2 How do you agree to this agreement?
You agree to this agreement if you sign it electronically. You sign this agreement electronically by clicking any button or any box associated with words that say you accept or agree to this agreement. Despite the use of any other terminology, your signing this agreement is your offer to us, not your acceptance of an offer from us.
Section 1.3 How do we agree to this agreement?
We agree to this agreement if, after we receive your signature, we process your payment for services or provide you the result of any services. Despite the use of any other terminology, our signing this agreement is not our offer to you, but is our acceptance of your offer to us.
Section 1.4 How can we change this agreement?
We may change this agreement by posting a replacement on our website and giving you notice that we have done so. You agree to the changed agreement on the earlier of (a) 30 days after we give you notice that the changed agreement has been posted, unless you terminate this agreement before then as described in Section or (b) when you agree to the new agreement as described in Section 1.2. We may also discontinue your access to our services until you confirm that you have agreed to the changed agreement.
Section 1.5 How can you terminate this agreement and close your account?
You may terminate this agreement by sending us notice that you want to terminate the agreement, close your account, or anything similar. Terminating this agreement also closes your account. See Section 5.1 on how you may send us notice.
Section 1.6 What are your rights related to electronically signing this agreement?
By electronically signing this agreement, you consent that we may send you information having to do with our website or our services electronically (such as on our website or through email), instead of on paper or by mail. This consent applies to all information related to all transactions between us and you. For example, your consent applies to all information that any law requires us to give you in writing or by mail. We need not give you any information in paper or other non-electronic form. You may withdraw your consent, but only by closing your account with us as described in Section 1.5. You may update the information we use to send you information electronically, but only as described in Section 3.4.
Section 1.7 To what else might you agree under this agreement?
Our website may require you to certify facts to us (including the use that you will make of information that you receive from us) and make promises to us (including that you will not use certain information in violation of certain laws). You agree to ensure that all certifications that you make on our website are true when made. You agree to ensure that you fulfill all promises that you make on our website.
Section 1.8 Is there anything else to this agreement?
This agreement is the parties’ entire and final agreement. Neither party has relied on any statement, representation, warranty, or agreement of the other party that is not contained in this agreement. It replaces all prior or contemporaneous oral and written communications, understandings, or agreements between the parties. This agreement is not to be explained, supplemented, or qualified by evidence of a prior course of dealings.
Section 2.1 What do you agree to pay us for our services?
You agree to pay for all services that we provide you at the prices displayed on our website at the time that you place the order. We may change the prices on our website at any time. For some services, our displayed price may say that you will also pay use for “pass-through fees” or “court fees” or “state fees” or something similar. In those cases, in addition to those prices, you agree to pay us amounts that allow us to recover all fees that third-party information sources charge us for access to information needed to perform the services. Examples of third-party information source charges include county court fees and state motor vehicle department fees. You agree to pay all sales, use, value added, and similar taxes based on the amount we charge you.
Section 2.2 Will we give you a refund?
We do not refund any purchases. All of your purchases are final. This applies even if you make a mistake in entering your search criteria or if we find no information to report to you. For example, if you purchase a criminal search on yourself and you have no criminal record, our service may confirm that you have no criminal record; you still have to pay for that search.
Section 2.3 Are you responsible for charges incurred because of misuse of your account?
You agree to pay for all services ordered by anyone using the username and password we give you for your account, even if someone uses your account without your permission. For example, if we reset your password and send the new password to your email account and someone steals the password from your email account, you are responsible for the services that person orders.
Section 2.4 What additional terms apply to subscriptions?
This section only applies if you purchase a subscription. Generally, subscriptions are either monthly or annual. For monthly subscriptions, you agree to pay for your subscription monthly in advance. For annual subscriptions, you agree to pay for your subscription annually in advance. Your subscription will renew automatically unless you cancel it on time. To cancel a subscription you must log in to our website, navigate to the “My Subscriptions” tab of the “My Dashboard” area, and follow the instructions there at least one business day before the next renewal.
Section 2.5 What terms apply to credit card payments?
You agree to pay by MasterCard, Visa, Discover or American Express credit card. You agree to pay us a dishonored payment fee of $35 if your payment by credit card is declined or later reversed. By providing us with a credit card number, you give us permission to charge that credit card for all purchases that you make from us, you confirm that you are authorized to make purchases with that credit card, and you agree to abide by the credit card issuer’s agreement.
Section 2.6 How may we close your account with us?
We may close your account with us at any time. If we do so, we will send you a notice saying so.
Section 3.1 How may you use our services?
By placing an order for services with us, you confirm that:
|(a)||you are ordering information about yourself, not about anyone else;|
|(b)||the information you are supplying us is accurate, complete, and up-to-date;|
|(c)||you have the right to disclose that information;|
|(d)||we may use and further disclose it without any limitations; and|
Section 3.2 What do you need to use our website or services?
To use our website or our services, you must have an internet connection, a copy of Microsoft’s Internet Explorer issued in the last two years, and a computer capable of managing that connection and software. Our site may also operate with other configurations, but we do not guarantee it. In particular, you must have that hardware, software, and telecommunications connection in order to access a copy of this agreement and other electronic records related to your use of our website or services.
Section 3.3 Do we guarantee our information?
We do not guarantee that our information is accurate, complete, or up-to-date. We provide you information as is. We obtain information from public record sources at different times. The information may have changed since then. Public records may have mistakes in them. We may report to you information that matches your search criteria, but is not about you. This is because many government agencies do not provide unique identifying characteristics (like a social security number) for us to search. If you would like to correct information about you, see please either call our disputes department at (866) 265-6602 or send our Request for Reinvestigation Form to us.
Section 3.4 How may you update your contact information with us?
You may update your contact information with us by logging into our website, navigating to the “My Account” tab of the “My Dashboard” area, and clicking edit to change information about yourself.
Section 3.5 How may you get help with anything else?
For anything other than correcting information in our report, you may contact our customer service department at 866.766.4066. Our customer service department does not have authority to enter a contract with you, so nothing they say or send modifies this agreement. You may not give formal notice to us by calling our customer service department.
Section 4.1 Do we make any warranties or guarantees?
We make no warranties or guarantees. Neither party enters this agreement on the because of any statement outside of this document. Without limiting the foregoing general disclaimer, we disclaim all warranties (a) of merchantability, fitness for a particular purpose, workmanlike performance, and accuracy; (b) that arise from course of dealing, course of performance, or usage of trade; or (c) that our performance or anything that we provide is free of errors or operates without interruption. You acknowledge that these disclaimers are an integral part of an agreement and that we would not provide you our services if you did not agree to these disclaimers.
Section 4.2 How does this agreement limit our liability?
Even if any exclusive remedy fails of its essential purpose, we are not liable for:
|(a)||third-party claims against you or anyone associated with you;|
|(b)||consequential damages (including lost opportunity, profits, use, or savings) or incidental damages (even if advised of their possibility) or punitive damages or indirect damages;|
|(c)||damages in excess of the total fees payable under this agreement for the report related to the claim; or|
|(d)||damages arising from our delay in performing or failure to perform, to the extent beyond our reasonable control and ability to mitigate (including delay or failure caused by natural disasters, acts of God, disease, embargoes, organized labor disputes, riots, terrorism, war, or acts of civil and military authorities).|
Section 4.3 Who is responsible for your use of information?
You assume all risks arising from your use or disclosure of information we provide to you. You agree to check all information that we provide you before providing that information to anyone else. You agree not to sue us, our people, or our data suppliers for damages to you based on your use of information we provide you. You agree to fully protect us, our people, and our data suppliers from anyone else’s lawsuit based on your use of information we provide you.
Section 4.4 What law applies to this agreement?
The internal laws of the state of Texas, USA govern this agreement and all claims (in contract, in tort, or otherwise) that relate to this agreement or its negotiation, execution, performance, or breach, as if this agreement was made and performed between two residents of the state of Texas entirely within the state of Texas.
Section 4.5 Where may either you or we sue the other?
You consent to the courts for Dallas County, Texas handling any dispute between you and us. You agree not to sue us in any other courts. This means that you consent to the exclusive jurisdiction of and venue in the state courts and, if federal jurisdiction applies, federal courts for Dallas County, Texas, and you waive any assertion that Dallas, Texas is an inconvenient forum for the resolution of any dispute between you and us.
Section 4.6 Severability
If any of this agreement is invalid or unenforceable in any situation, then:
|(a)||that part is not affected in any other situation;|
|(b)||the other parts is not in any way affected;|
|(c)||each party may enforce that the affected part to the maximum extent possible while avoiding the invalid or unenforceable aspect; and|
|(d)||the affected part is reformed without further action by the parties to the extent necessary to make that part valid and enforceable.|
Section 5.1 How may you give us notice?
For any notice you give us to be effective:
|(a)||your notice must be in writing;|
|(b)||you must send your notice by email, by nationally recognized overnight courier (with a signature obtained on delivery), or by U.S. mail (with a return receipt obtained);|
|(c)||if you send your notice by email, you must send it to email@example.com and it must actually reach us;|
|(d)||if you send your notice by courier or mail, you must send it to backgroundchecks.com, Attn: Customer Service, 12770 Coit Road, Suite 300, Dallas, Texas 75251.|
We may change our email address or physical address by changing this agreement as described in Section 1.4.
Section 5.2 How may we give you notice?
We may give you notice by sending an email to the email address in your account information. You may change your email address for notice only by changing the email address in your registration information. If we send an email notice to that email address, that notice is effective even if you never receive it and even if we find out that you never received it. (For example, our notice is still effective even if the email address you gave us is wrong, out of date, inaccessible, or too full to receive more email.)