Terms & Conditions

Contents

Terms of Service

  • Article 1 Terms about making this agreement
  • Article 2 Terms about laws with which you must comply
  • Article 3 Terms about charges you must pay
  • Article 4 Terms about services we provide
  • Article 5 Terms about intellectual property rights
  • Article 6 Terms about legal liability

Report Certifications

Terms of Service

Article 1 Terms about making this agreement

Section 1.1 What is this document?

This is a legally binding service agreement between two parties. The first party is e-backgroundchecks.com, Inc., a Texas corporation doing business as backgroundchecks.com, whom this agreement calls "we" and "us." The second party is either:

  1. the company, partnership, association, government agency, or other organization that you identified in your registration on our website; or
  2. you personally, if you did not identify a company, partnership, association, government agency, or other organization on the registration page.

The word "you" by itself in the rest of this agreement means this second party. The word "you" by itself in this section 1.1 and the phrase "you personally" anywhere in this agreement both mean you, the individual who signs this agreement.

Section 1.2 What if you already have another agreement with us?

If you already have a separate agreement with us that both parties signed and that states that our relationship will not be governed by any future electronic agreement, form we provide, or form on our website, then these Terms of Service do not replace your separate agreement unless (a) it does so as described in the separate agreement or (b) you sign another document that says you agree to this agreement. But, if that separate agreement is mainly a list of services, prices, payment terms, and a few additional terms or if it does not state that it is the complete agreement between you and us, then that separate agreement just sets the services and prices available under this agreement. In any case, the Report Certifications you make are in addition to these terms of service or your separate agreement.

Section 1.3 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. You also sign this agreement electronically by taking any other action that shows your intent to sign this agreement. You also agree to this agreement if you electronically or manually sign a separate document that says you 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 1.4 What are you personally confirming to us by signing this agreement?

By signing this agreement in any manner, you personally confirm to us that the company, partnership, association, government agency, or other organization identified either on the registration page that you completed or in a document saying that you agree to this agreement:

  1. is validly organized, existing, and in good standing with its jurisdiction of organization;
  2. is a legitimate business, non-profit, or government organization;
  3. has the power to enter into this agreement;
  4. is not entitled to sovereign or governmental immunity from suit or liability related to this agreement;
  5. does not violate any law or any organizational charter, bylaws, or similar documents by entering this agreement;
  6. is not the subject of any bankruptcy, insolvency, conservatorship, or similar proceeding known to it;
  7. has received all necessary organizational and governmental authorizations needed to enter into this agreement and make it binding; and
  8. has given you personally the actual authority to sign this agreement on its behalf.

Section 1.5 What is really important in this agreement?

We believe that every word of this agreement is important. Although it is long, we put considerable effort into eliminating legalese, so that you can understand all of it. But the law might require us to bring some parts to your attention more than other parts. You should make sure you read them. They are:

  1. Section 1.7: What are your rights related to electronically signing this agreement?
  2. Section 1.10: What else is included in this agreement?
  3. Section 3.4: Will we give you a refund?
  4. Section 3.8: What additional terms apply to pre-paid plans?
  5. Section 6.2: Do we make any warranties?
  6. Section 6.3: Against what claims do you agree to protect us and our associates?
  7. Section 6.5: How does this agreement limit our liability?
  8. Section 6.7: Where may either you or we sue the other?

Section 1.6 How do we agree to this agreement?

We agree to this agreement if, after we receive your signature, we:

  1. Send you any email or other communication saying we accepted or agreed to this agreement;
  2. Send you a username or password for your use in ordering services from us;
  3. Send you any information from your use of our services; or
  4. Take any action that shows our intent to sign this agreement electronically.
  5. 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 1.7 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. 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 9.8 and providing us an address to which we may send notices. You may update the information we use to send you information electronically as described in section 9.1.

Section 1.8 How may we change this agreement?

We may propose to 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 close your account before then as described in section 4.8 or (b) when you agree to the new agreement as described in section 1.3. We may also discontinue your access to our services until you confirm that you have agreed to the changed agreement.

Section 1.9 To what else do you agree under this agreement?

Our website requires a username and password for individuals and systems acting on your behalf ("Users") to order services from us. If you registered your account online, your first User is the person who registered the account. If you registered in any other way, your first User is the one that we initially register at the direction of your people who were working with our people. Our website allows certain of your Users ("Administrators") to add Users. Your first User is automatically an Administrator. Every Administrator can make any other User be an Administrator. We may also add Users that you designate in writing. If you interface any of your computer systems with our computer systems, one or more of your Users may be a system that interfaces with our systems to place orders for and receive results of our services. Our interface specifications determine the meaning of any communication between your systems and our systems through an interface. Our systems require your Users 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 hereby appoint your Users (including Users that are automated systems) as your agents to make those certifications and promises on your behalf and to accept changes to this agreement under section 1.8 on your behalf. You agree to ensure that all certifications that your Users make to our systems are true when made. You agree to ensure that you fulfill all promises that your Users make to our systems.

Section 1.10 What else is included in this agreement?

Except for any price list identified in section 1.2 and any additional certifications or promises you make under section 1.9, this agreement (including the Terms of Service except to the extent section 1.2 excludes them and including the relevant Report Certifications) is the entire and final agreement between you and us relating to us providing services to you. It replaces every prior or contemporaneous, oral or written communication, understanding, or agreement between you and us that relates to us providing services to you. This agreement is not to be explained, supplemented, or qualified by evidence of a prior course of dealings.

Article 2 Terms about laws with which you must comply

Section 2.1 How are you responsible for compliance with law?

Various laws apply to the information we provide to you through our services (that information being the "Reports"), usually for the purpose of protecting the person that each Report concerns (that person being the "Consumer"). You agree to comply with all applicable law. You agree to ensure that no agreement, government order, or law binding you would prohibit our reporting to you. You confirm that you have independently educated yourself about your duties under applicable law. We are not a law firm. We do not provide legal advice. We do not act as your legal counsel. We advise you to assure your compliance with law by involving your own legal counsel. You confirm that you are not relying on us to ensure that you are complying with applicable law. You acknowledge that we are relying, for our compliance with law, on you performing your duties under this agreement. You agree to promptly notify us of any lawsuit or government investigation against you that involves any Report we provided you.

Section 2.2 What are your duties related to consumer reporting laws?

The Fair Credit Reporting Act, regulations issued under it, and similar state laws (collectively, the "FCRA") regulate most Reports of information that that we provide and bear on a Consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. The FCRA more intensively regulates our Reports in which we obtain information by interviewing someone, which are called "investigative consumer reports." The federal FCRA statute begins at 15 U.S.C. §1681 [see http://www.ftc.gov/os/statutes/fcradoc.pdf]; most federal regulations begin at 12 C.F.R. part 1022 [see http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR]. The FCRA requires us to get you to agree to or certify certain things. It also requires you to do certain things and prohibits you from doing others. Many of your duties concern taking any "adverse action" under the FCRA based on a Report. You confirm that we have provided you and you have read the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" [see http://www.backgroundbiz.com/docs/Obligations-of-Users.pdf], which appears at 12 C.F.R. part 1022 appendix N and which explains many of your duties under the FCRA. You confirm that we have provided you and you have read the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf] (the "Summary of Rights"), which appears at 12 C.F.R. part 1022 appendix K and which explains to the Consumer many of the Consumer's rights under the FCRA. You acknowledge that obtaining information about a Consumer from us under false pretenses is a federal crime. In addition to the FCRA, many state laws also regulate our Reports. Your duties under this agreement, the FCRA, and many state laws and our duties under the FCRA and many state laws depend on whether you will resell our Report and, if so, to whom (your "Resale Intent") and the purpose for which the end-user (which is you if you will not resell the report) will use the Report (the "End-user Purpose"). Our systems allow your Users to select the Resale Intent and End-user Purpose for which you obtain Reports from us. By your User selecting a Resale Intent and End-user Purpose for a Report, you confirm that your Resale Intent and End-user Purpose are those selected, agree to our additional Report Certifications that apply to the selected Resale Intent and End-user Purpose, agree not to resell the Report except as your Resale Intent permits, and agree to prevent the use of the Report except as your End-user Purpose permits. You agree to inform us in writing if your selected Resale Intent or End-user Purpose changes by using our website to inform us of your new Resale Intent and End-user Purpose. The Resale Intents and End-user Purposes from which you may be able to select, and the additional terms that apply to your purchases for those Resale Intents and End-user Purposes, are the following, although we do not allow every possible combination of Resale Intent and End-User Purpose and you may not qualify for every Resale Intent or End-user Purpose.

Section 2.3 What are the Resale Intents for which you may order or use Reports?

The Resale Intents are set out below. You agree not to order any Report for any Resale Intent not described below.

  1. "No Resale" meanxs that you will not resell the Report, and will be the end-user of the Report. The Report Certification for Resale Intent of No Resale applies to Reports ordered or received for this Resale Intent.
  2. "CRA Resale" means that you will not be the end-user of the Report, but that you are a consumer reporting agency and will either resell the report to the end-user or otherwise use the report to prepare your own report to the end-user. The Report Certification for Resale Intent of CRA Resale applies to Reports ordered or received for this Resale Intent.
  3. "Conduit Resale" means that you will not be the end-user of the Report and are not a consumer reporting agency, but will resell the Report to a consumer reporting agency, who will either resell the Report to the end-user or use the Report to prepare its own report to the end-user. The Report Certification for Resale Intent of Conduit Resale applies to Reports ordered received for this Resale Intent.
  4. "Non-CRA Resale" means that you will not be the end-user of the Report and are not a consumer reporting agency, but will resell the Report to the end-user. The Report Certification for Resale Intent of Non-CRA Resale applies to Reports ordered or received for this Resale Intent.

Section 2.4 What are the End-user Purposes for which you may order or use Reports?

The End-user Purposes are the following, where the end-user is either you (if your Resale Intent is No Resale) or whoever is the end-user of the report you provide (if your Resale Intent is anything other than No Resale). You agree not to order any Report for any End-user Purpose not described below.

  1. "Employment-Related Screening" means that the end-user will use the report it receives for "employment purposes" under the FCRA (but either is not considering the subject of that report as an applicant for a regulated trucking position or has interacted with the subject in some way other than mail, phone, computer, or similar means). The Report Certification for End-User Purpose of Employment-Related Screening applies to Reports ordered or received for this End-user Purpose.
  2. "Trucking " means that the end-user (1) will use the report it receives for "employment purposes" under the Fair Credit Reporting Act; (2) is considering the subject of that report as an applicant for a regulated trucking position; and (3) has only interacted with the subject mail, phone, computer, or similar means. The Report Certification for End-User Purpose of Trucking applies to Reports ordered or received for this End-user Purpose.
  3. "Volunteer Screening" means that the end-user will use the report it receives for screening the subject of that report in connection with a current or prospective unpaid volunteer. The Report Certification for End-User Purpose of Volunteer Screening applies to Reports ordered or received for this End-user Purpose.
  4. "Tenant Screening" means that the end-user will use the report it receives for screening the subject of that report in connection with a current or prospective housing tenancy. The Report Certification for End-User Purpose of Tenant Screening applies to Reports ordered or received for this End-user Purpose.
  5. "Non-Tenant Credit" means that the end-user will use the report it receives to evaluate the subject of that report for credit to be used primarily for personal, family, or household purposes. The Report Certification for End-User Purpose of Non-Tenant Credit applies to Reports ordered or received for this End-user Purpose.
  6. "Insurance Underwriting" means that the end-user will use the report it receives in connection with the underwriting of insurance involving and initiated by the subject of that report. The Report Certification for End-User Purpose of Insurance Underwriting applies to Reports ordered or received for this End-user Purpose.
  7. "Government License or Benefit" means that the end-user will use the report it receives in connection with a determination of the eligibility of the subject of that report for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status. The Report Certification for End-User Purpose of Government License or Benefit applies to Reports ordered or received for this End-user Purpose.
  8. "Other Consumer-Initiated Transaction" means that the end-user will use the report it receives for some other legitimate business transaction initiated by the subject of the report. The Report Certification for End-User Purpose of Other Consumer-Initiated Transaction applies to Reports ordered or received for this End-user Purpose.
  9. "Other Written Consent" means that the end-user will use the report it receives in accordance with the written instructions of the subject of the report. The Report Certification for End-User Purpose of Other Written Consent applies to Reports ordered or received for this End-user Purpose.
  10. "Employee Misconduct Investigation" means that the end-user will use the report it receives to investigate a current employee who is the subject of that report, based on individualized suspicion about either (1) misconduct relating to employment or (2) non-compliance with law, the rules of a self-regulatory organization, or the end-user's pre-existing, written policies as an employer. The Report Certification for End-User Purpose of Employee Misconduct Investigation applies to Reports ordered or received for this End-user Purpose.
  11. "Non-FCRA" means that the end-user will use the report it receives so that report is not regulated by the Fair Credit Reporting Act. The Report Certification for End-User Purpose of Non-FCRA applies to Reports ordered or received for this End-user Purpose.

Section 2.5 What must you do before relying on our Report?

You agree, when you receive a Report from us, to use common sense and all information that you have to independently confirm that the information in the Report actually relates to the Consumer. You agree not to take any adverse action based on the Report if you have any doubt that the information in the Report actually relates to the Consumer. You agree not to rely on the fact that we have provided you the information in the Report to eliminate any such doubt.

Section 2.6 What must you not do with our Report, regardless of your purpose?

You agree not to copy, distribute, disclose, publish, or use any Report (or any information in a Report) except the following two sentences allow. You may distribute the Report to the Consumer, use the Report internally, and use and disclose the Report as required by law. Additionally, if you order the Report for a Resale Intent of CRA Resale, you may disclose the Report or information from the Report to the end-user; or, if you order the Report for a Resale Intent of Conduit Resale, you may disclose the Report (without change or addition) to a consumer reporting agency who provides the Report or information from the Report to the end-user; or, if you order the Report for a Resale Intent of Non-CRA Resale, you may disclose the Report (without change or addition) to the end-user. If you provide the services of your employees on assignment to your clients, you agree not to provide Reports to your clients, but you may express your decision based on the Reports. You agree not to maintain a database that includes information from the Report and that you (or anyone else) use to produce new "consumer reports" as defined in the FCRA, except as the following two sentences permit. If you order the Report for a Resale Intent of CRA Resale, you may either provide the Report to the end-user as your own report or use information from the Report to create a single new consumer report that you provide to the end-user. If you order the Report for a Resale Intent of Conduit Resale, your client that is a consumer reporting agency may either provide the Report to the end-user as its own report or use information from the Report to create a single new consumer report that its provides to the end-user. You agree not to use information from the Report for any purpose other than a legitimate business purpose. You agree not to use any information from the Report for any unsolicited communication (including phone call, text message, mail, email, or fax) other than communications required by law. You agree not to use any information in the Report to blackmail, harass, or humiliate anyone else.

Section 2.7 What additional terms apply if you enroll under a VendorSafe program?

This section 2.7 applies if you register with us under a VendorSafe program. Another organization sponsors the program to provide that organization with assurance about the quality of the background check that you are performing. We identify the sponsor to you on a custom landing page or during the registration process. You acknowledge that you know the identity of the sponsor. You confirm that you are (or are trying to become) a vendor to the sponsor. You acknowledge that we will provide information to that sponsor, which may include an indication that you performed a background check on a Consumer, what services you ordered as part of that background check, whether the results of that background check meet the sponsor's criteria, and the full detail of the resulting Report. You agree to fulfill the obligations under the certifications applicable to your Resale Intent and End-user Purpose for both yourself and the sponsor. For example, if your Resale Intent is No Resale and your End-user Purpose is Employment-Related Screening, you agree to make the pre-report disclosure that the Report Certification for End-user Purpose of Employment-Related Screening requires on both your own behalf and on behalf of the sponsor. In addition, if you personally are the Consumer (for example, if you are ordering a Report on yourself for your company to provide to a sponsor), you personally confirm that the obligations applicable to your company's and sponsor's Report Certification for End-user Purpose of Employment-Related Screening have been fulfilled for both your company and your sponsor.

Section 2.8 What additional terms apply if you sponsor a VendorSafe program?

This section 2.8 applies if you sponsor a VendorSafe program. The program allows you to enable organizations who supply (or want to supply) goods or services to you to run the background checks on their employees that you specify for a price that you and we agree upon. Despite any other terms in this agreement, you are not responsible for paying for any services that your vendors order. As part of this program, we will create for you a custom landing page on which we will place mutually agreed information. We will provide you with the web address for that custom landing page. You agree to distribute that web address only to organizations that are (or that you want to be) your vendors. If one of your vendors orders a Report from us and you will receive either access to a Report or an indication of whether the content of the Report passed criteria that you provide to us, then the certifications for your vendor's Resale Intent and End-user Purpose apply to your use of that Report as if you had ordered the Report yourself for the same Resale Intent and End-user Purpose. But we acknowledge that you may fulfill many of your duties under those certifications through your vendor's actions as described in section 2.7.

Section 2.9 What additional terms apply if you enroll under a SelectCheck program?

This section 2.9 applies if you register with us under a SelectCheck program. Another organization sponsors the Program to provide it with assurance about the quality of the background check that you are performing on yourself personally. We identify the sponsor to you on a custom landing page or during the registration process. You acknowledge that you know the identity of the sponsor. You confirm that you are (or are trying to become) a volunteer for or a member of the sponsor and that you are not (and are not trying to become) an employee, contractor, or agent for the sponsor (or any other position or status related to the production of income). You acknowledge that we will provide information to that sponsor, which may include an indication that you performed a background check on yourself, what services you ordered as part of that background check, whether the results of that background check meet the sponsor's criteria, and the full detail of the resulting Report. You instruct us to prepare a Report about you based on your selections on our website and provide whatever information from or about our Report that the sponsor requests. You acknowledge that the sponsor may obtain an investigative consumer report that will include information on your character, general reputation, personal characteristics, and mode of living. You acknowledge receiving and reading the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. You acknowledge that you have the right to obtain a complete and accurate disclosure of the scope and nature of the investigation we perform.

Section 2.10 What additional terms apply if you sponsor a SelectCheck program?

This section 2.10 applies if you sponsor a SelectCheck program. The program allows you to enable individuals who are (or want to be) volunteers for or members of your organization but are not (and are not trying to become) your employees, contractors, or agents (or any other position or status related to the production of income) to run (on themselves) the background checks that you specify for a price that you and we agree upon. Despite any other terms in this agreement, you are not responsible for paying for any services that these individuals order on themselves. As part of this program, we will create for you a custom landing page on which we will place mutually agreed information. We will provide you the web address for that custom landing page. You agree to distribute that web address only to individuals that are (or that you want to be) your volunteers or members. If one of your volunteers or members orders a Report from us and you will receive either access to a Report or an indication of whether the content of the Report passed criteria that you provide to us, you make the Report Certifications for Resale Intent of No Resale and either the Report Certification for End-user Purpose of Volunteer Screening for current or prospective volunteers or the Report Certification for End-User Purpose of Other Written Consent for current or prospective members, as if you had ordered the Report with Certifications.

Section 2.11 What other documents must you provide us?

For certain services, as a condition to providing the services, (a) you must complete and sign additional contracts and other forms that law or our suppliers require and (b) any agency or supplier that requires that it approve those contracts or forms must provide the required approval. Two examples follow: For motor vehicle records, our supplier of those records may require you to enter into separate contracts with the supplier and with states that require such a contract; the primary purpose of those contracts is to limit the use of those records. For credit records, credit bureaus may require you to complete an application, a letter stating your intended use, and a site survey that attempts to verify that you are legitimate; those credit bureaus may also require that they approve your application before services can begin. You are not promising to sign those agreements, but we cannot provide certain services until you do so. Our obligation to provide any service requiring any such agreements or forms is conditioned on your compliance with them.

Section 2.12 What promises do you make about our audits of your use of our services?

We may audit your use of our services. You agree to cooperate with any audit, including by hosting the audit at your facility during normal business hours. We agree to give you reasonable notice of any audit that requires your cooperation. We agree to provide you advance notice of any audit that we conduct for our own purposes and that requires your participation. If we require you to host the audit at your facility, the notice will be at least 21 days in advance; otherwise it will be at least 7 days in advance. We may shorten the notice period if we are auditing your use of our services in response to an audit, complaint, or investigation by any of our suppliers, any government agency, any Better Business Bureau of similar organization, or any Consumer.

Section 2.13 What promises do you make about record retention?

You agree to adopt a record retention program that results in the destruction of all records containing information we provide you about any Consumer (including all Reports) no later than six years from the date we provide you the information, except to the extent that applicable law (or a contract identified in section 2.11) requires you to retain the information for a longer time. You agree to retain any document that the Consumer signed and that you relied upon as permission to order a Report from us for at least five years from the date of the Report. You may suspend destruction of records in response to actual third-party claims and actual government investigations. When you destroy these records, you agree to do so securely, in a way that complies with all applicable laws (including the "disposal rule found at 16 C.F.R. part 682), and in a way that prevents you or anyone else from reconstructing the information. You agree to use reasonable efforts to preserve every record that relates to a third-party claim or governmental investigation against us if we inform you of the nature of the claim or investigation and request in writing that you preserve any related records. As used in this section 2.13, the term "record" means anything that could be discovered in litigation, including paper records, electronic data, email, and voicemail recordings.

Article 3 Terms about charges you must pay

Section 3.1 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. We may change the prices on our website at any time, unless we have agreed not to do so in a formal, signed writing (and not by email). 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, state motor vehicle fees, statewide repository fees, federal court fees, employer clearinghouse fees, and educational institution clearinghouse fees. You agree that the prices we charge you are net of any taxes or withholdings for taxes. If you must withhold any amount for taxes, you agree to increase the amount so that the amount you pay us net of the withholding equals the amount we charged you.

Section 3.2 Are you responsible for charges incurred because of misuse of your account?

You agree to pay for all services ordered by anyone using a username and password assigned to 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 3.3 How will we charge you for litigation support?

If we receive any subpoena or other order requiring us to provide you or any third party with information, documentation, or testimony related to our relationship with you (outside of any litigation between you and us), you agree to pay us for the personnel time, materials, and third-party services we use in providing that information, documentation, or testimony. The amount you will pay per hour of personnel time is 125%, multiplied by the total annual cost of employing the personnel (including compensation, benefits, and payroll taxes), and divided by 2000 hours per year. The amount you will pay for materials and third-party services is 110% of our out-of-pocket cost. The third-party services may include outside legal representation if we seek a protective order or review documents for compliance with a protective order, to determine whether any are legally privileged, or to determine whether the law otherwise prohibits their disclosure. If we receive any third-party payment in conjunction with the subpoena or order, we agree to credit that amount towards the amount you must pay us. Each time you agree to this agreement, you pre-authorize us to charge the most recent credit card you have on file with us for any litigation support.

Section 3.4 Will we give you a refund?

We do not refund any purchases. All of your purchases are final. Some services that you can order from us will find no results, but you still agree to pay for those services. For example, if you purchase a county criminal search on a person who has no criminal record, our service will confirm that the person has no criminal records in the county we searched; you still have to pay for that search.

Section 3.5 How may you pay us?

You agree to pay by MasterCard, Visa, American Express, or Discover credit card at the time of your order unless we approve your credit for monthly billing. 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, you agree to update your card information if it changes, and you agree to abide by the credit card issuer's agreement. You agree to make all payments in U.S. dollars.

Section 3.6 How may you pay us if we approve you for monthly billing?

This section 3.6 only applies if we approve your credit for monthly billing. We may bill you for all amounts you owe us in one or more invoices each month. Your monthly billing date will be the day of the month on which you originally set up your account (but we will change it to the first if you interface your systems with ours and we will change it to a different date if you so request in writing). We may deliver any invoice to you electronically. You agree to pay all amounts you owe us within 15 days after invoice date. Unless we approve your credit for alternative payment methods, you agree to pay our invoices by MasterCard, Visa, American Express, or Discover credit card and agree to keep your credit card information on file with us. 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, you agree to update your card information if it changes, and you agree to abide by the credit card issuer's agreement. You agree to pay us a dishonored payment fee of $25 if your payment by credit card is declined or later reversed.

Section 3.7 How may you pay us if we approve you for alternative payment methods?

This Section 3.7 only applies if we approve your credit for alternative payment methods. You agree to pay either by (a) sending a check or money order to our address for payment that is on the invoice, (b) sending a bank draft or wire transfer in compliance with instructions that our finance department provides you, or (c) a manual credit card transaction on our website. Your check or money order must draw on an account held at a U.S. bank and must not have a restrictive endorsement. If you send us a check or money order that violates the previous sentence, we may (without losing any of our rights) either return it to you or attempt to deposit it. Any restrictive endorsement on a check or money order that you send to us is void and we may ignore it. You agree to pay us a dishonored payment fee of $25 for if any check, bank draft, or money order you send us is not honored.

Section 3.8 What additional terms apply to pre-paid plans?

This section 3.8 only applies if you purchase a pre-paid plan. Generally, pre-paid plans are monthly, semi-annual, or annual. For monthly plans, you agree to pay for your plan monthly in advance. For semi-annual and annual plans, you agree to pay for your plan in (respectively) 6 or 12 equal monthly installments in advance of each month during the plan. Unless you cancel your plan, it automatically renews on your billing date at or immediately after the end of your plan. (Normally, your you plan will end on a billing date, but not necessarily for your first plan and not if your billing date changes during your plan.) You may cancel a plan as of a renewal date by giving us written notice more than one month before that renewal date. For example, if you are on a plan that will renew on June 1, you must give us cancellation notice no later than April 30. You may email your cancellation notice to service@backgroundchecks.com. We may provide you with a written form to confirm your cancellation; your cancellation notice is not effective unless you complete and sign this form. If your plan renews, we will charge you our then-current fee. If you gave us your credit card information for payment, we may charge your credit card for the plan renewal without notifying you. Each time you agree to this agreement, you re-affirm your credit card pre-authorization for all plans then in effect.

Section 3.9 What do you agree to pay if you do not pay on time?

If you do not pay any amount that you owe us by the time this agreement requires, you agree to pay us a late fee, interest on the amount owed, and our cost of collection. The late fee is $10, which we may assess as soon as your payment is late. The interest is 1.5% per month, beginning with the invoice date (with a partial month counting as a full month), or the highest rate applicable law permits if that is less. Interest accrues on unpaid late fees and interest. You agree to reimburse us all amounts that we spend attempting to collect any amounts that you owe us, including fees we must pay to collection agencies, courts, attorneys, and expert witnesses.

Section 3.10 Must you pay sales and similar taxes?

Unless you have an applicable exemption, you agree to pay all applicable sales, value-added, gross-receipts, and similar taxes on services that you purchase from us. Currently, we add Texas sales tax to all orders for the benefit of a Texas location or billed to a Texas location. If you have valid Texas sales and use tax permit or otherwise qualify for sales tax exemption, we have a process for you to request that we exempt your orders from sales tax. This is a one-time requirement that you will not need to repeat for future orders unless your business information changes. You should not submit an order with sales tax then request that we remove the sales tax because this is very difficult for our system to do. Here is the process:

  1. Download this form [see http://www.window.state.tx.us/taxinfo/taxforms/01-3392.pdf], which contains both the Texas Sales and Use Tax Resale Certificate and the Texas Sales and Use Tax Exemption Certification.
  2. Complete and sign the appropriate form. If you are unsure which form you should use, the Texas Comptroller of Public Accounts website has a very helpful frequently asked questions page about exempting Texas sales tax [see http://www.window.state.tx.us/taxinfo/sales/faq_exempt.html].
  3. Clearly print your organization's name along the top of the form so that we are able to associate the form with your account.
  4. Return the form to us by fax at 803.948.2239.

We are normally able to review requests for tax-exempt status the same business day. Upon approval, we will retain the completed form in our offices and apply tax-exempt status to your account. Once your account has tax-exempt status, we will treat all future orders for your account as tax-exempt until you request otherwise in writing. You agree to inform us immediately if you lose tax-exempt status. If you change the name (or company name) on your account, you must download and complete a new form with the updated information and return it to us so we may update our records.

Article 4 Terms about services we provide

Section 4.1 How may you update your contact information with us?

You may update your contact information with us by logging in and clicking on the "My Profile" link. You agree to keep this information current.

Section 4.2 What do you promise us about information that you provide us?

By providing us any information about a Consumer, you confirm that you have the right to disclose that information, that we may use and further disclose it without any limitations, and that the information is accurate, complete, and up-to-date.

Section 4.3 What must you do if you see an error in our services?

You agree to review everything we give you electronically to check if its transmission appears to have caused a change or error. If you believe that it did, you agree to contact our client services group using the contact information on our website.

Section 4.4 How may we change our services?

We may change or discontinue our services without warning or notice, for any reason. We need not explain that reason to you.

Section 4.5 How may we give you notice?

We may give you notice by placing the notice on our website in a manner that requires your Administrators to see it when logging in or by sending an email to the email address in the registration information for any of your Administrators. We may also send you a notice about billing to any of the email addresses listed as billing contacts for your account on our website. Any User may change that User's email address for notice, but only by changing the email address in that User's registration information. Any Administrator may change any of your Users' email addresses for notice, but only by changing the email address in that User's registration information. Any Administrator may change your billing contacts, but only by changing that information in your registration information. If we send an email notice to any of those email addresses, 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.)

Section 4.6 How may you transfer this agreement?

If you are a sole proprietorship or an organization, you may transfer this agreement to a single sole proprietor or organization that succeeds to substantially all of your operations by way of a merger, consolidation, amalgamation, conversion, sale of substantially all assets, or similar transaction. You may transfer this agreement to anyone with our manually signed, written consent. You agree not to otherwise transfer this agreement. If you attempt to otherwise transfer this agreement, that transfer is void. You agree to notify us of any transfer and cooperate with our efforts to re-verify your identity, the legitimacy of your business, and that you will use our Reports for the Resale Intent and End-user Purpose you selected.

Section 4.7 How may we close or suspend your account?

We may close or suspend your account at any time. When we do so, we will give you notice. We will usually suspend your account if we have reason to believe that you are violating this agreement, violating any applicable law, doing anything that would cause us to violate any law, failing to respond promptly to an audit, or failing to pay us on time. If we suspend your account, we will complete (and charge you for) any orders for services that you have already placed with us; depending on the circumstances, we may suspend your ability to order Reports, view Reports, or both. When we close your account, we will complete (and charge you for) any orders for services that you have already placed with us, charge you for any pre-paid plans through the date on which they would have been cancelled if you gave notice of cancellation on the date we closed your account, end your ability to order and view Reports, and end your ability to access non-public portions of our website. Closing or suspending your account does not terminate this agreement, so your and our obligations relating to Reports you ordered before we close your account continue indefinitely after we close your account.

Section 4.8 How may you close your account?

You may close your account with us by sending an email to service@backgroundchecks.com that you want to close your account, terminate this agreement, or anything similar. When we receive your notice, we will complete (and charge you for) any orders for services that you have already placed with us, charge you for any pre-paid plans through the date on which they would have been cancelled if you had given notice of cancellation on the date we closed your account, end your ability to order and view Reports, and end your ability to access non-public portions of our website. Closing your account does not terminate this agreement, so your and our obligations relating to Reports you ordered before you close your account continue indefinitely after you close your account.

Section 4.9 What additional terms apply if you interface your systems to ours?

This section 4.9 applies if you interface your systems to ours. You agree to abide by any instructions in our interface specifications. Although we do not currently require our customers to stay on the most current version of our interface specifications, you agree to upgrade to our most current interface specification promptly after our written request.

Section 4.10 What limitations might apply to you based on your business?

Some suppliers of information will not provide information for us to provide to you if you engage in certain types of business where, in the past, other businesses have been problems for those suppliers. Examples of these types of business include: adult entertainment, bail bonding, check cashing, credit counseling, credit repair, dating or match-making, financial counseling (except housing counseling), genealogical or heir research, insurance claims management or review, legal representation, locating missing children, massages, operating out of an unrestricted location within a residence, renting property by an individual (who is not incorporated), running a pawn shop, spiritual counseling, subscriptions (magazines, book clubs, record clubs, etc.), tattoos, and third-party repossession. If your business activity is on this list, the services that we can offer you may be limited, or we may require additional documentation from you, or our ways of working around these information suppliers may delay the Reports that we provide you. If your business activity is on this list, you agree to give us notice by sending an email to service@backgroundchecks.com.

Section 4.11 What additional terms apply to international services?

This section 4.11 applies to any orders you place for Reports that include information from outside the United States. For us to be able to provide an international Report, you must provide the following documents (in the form that we provide to you) for each international Report you request: (a) an international consent that includes explicit consent to transfer information to the United States, (b) proof of identification, and (c) any additional forms required to obtain information from specific countries. You agree to adhere to the safe harbor privacy principles and related frequently asked questions that the United States Department of Commerce issued on July 21, 2000. [See http://www.export.gov/safeharbor/eg_main_018237.asp; also see http://www.export.gov/safeharbor/index.asp.) In addition, you agree to abide by all foreign laws applying to information that we obtain from foreign jurisdictions and provide to you. If we request, you will complete and sign the standard contractual clauses annexed to European Commission Decision 2004/915/EC [see http://www.cnil.fr/fileadmin/documents/approfondir/dossier/international/cct-responsable%20vers%20responsable%202004-en.pdf]. We have no control over or ability to predict the availability of information from jurisdictions outside the United States. Currently available information for a country might become unavailable with or without notice. In those cases, we will be unable to provide the international Report. We cannot provide any assurance that we will retrieve information outside of the United States within any set period of time. Therefore, no other statement concerning the timeliness of our services applies to information from outside the United States.

Section 4.12 What must you do to secure your account and our Reports?

You agree to use security procedures sufficient to protect the confidential nature of the information that we provide you and the privacy interests that each Consumer has in that information. You agree to maintain and follow a written security policy that is sufficient to comply with all laws related to the protection of personal information that we provide you. You agree to restrict the ability to order or access Report to those of your personnel who need to know the information contained in them. You agree to ensure that any of your computers from which a person could order or access Report are in a secure location and are locked or turned off when unattended by those personnel. You agree to secure all printed copies of any Report. You agree not to store any information included in any Report except to the extent required for you to use the Report as this agreement permits. You agree to protect your account names and passwords so that only your authorized personnel know them. You agree not to post these credentials anywhere. You agree to ensure that any software that you use to access our website or system hides your credentials so only specially authorized personnel can know them. You agree to assign a unique username and password to each user of any such software. We never ask for credentials by telephone; you agree not to disclose your credentials by telephone. We may temporarily block access to your account if we have reason to believe that your credentials are being misused. We may block access to your account from specific internet protocol addresses if we have reason to believe that use from those addresses may be unauthorized.

Section 4.13 What must you do if you have a data breach?

You agree to notify us immediately if you have reason to believe that anyone has gotten unauthorized access to any information that we provided to you (unless that information was encrypted and you have no reason to believe that the decryption key was compromised).

Section 4.14 What is our privacy policy?

We maintain a copy of our privacy policy on our website. That privacy policy describes what we do, but is not a contractual promise. While we try to keep it current, we do not promise that it is.

Section 4.15 What do you need to use our website or services?

To use our website or our services, you must have a version of Internet Explorer issued within the past two years installed on a computer with an internet connection. In particular, you must have that hardware, software, and telecommunications connection to access a copy of this agreement and other electronic records related to your use of our website or services. You may be able to use our website or services using other web browsers, but you may also encounter errors. We may block your use of our website or services from certain browsers.

Section 4.16 Are we responsible for links to third party websites?

Our website may have links to third party websites. We are not responsible for the content of third party websites, even if we link to them.

Article 5 Terms about intellectual property rights

Section 5.1 Do either of us grant the other any intellectual property ownership?

We do not grant you ownership of any intellectual property rights. You do not grant us ownership of any intellectual property rights.

Section 5.2 What copyright license do we grant to you?

We grant you a non-exclusive, worldwide, royalty-free, permanent license under our copyrights in each Report we provide you to copy, print, and distribute the Report in any way not prohibited by this agreement or applicable law. We grant you a non-exclusive, worldwide, royalty-free license under our copyrights in the items below to do activities below, but only for the purpose of ordering and receiving our services and only while you have an active account with us:

  1. electronically copy our website within your web browser as absolutely necessary to make ordinary use of our website;
  2. electronically copy and print any interface specifications that we provide you as reasonably necessary to assist in interfacing your systems with ours; and
  3. electronically copy and print any training materials that we provide to you as reasonably necessary to train your own personnel.

Section 5.3 What trademarks and notices must you retain on the Reports?

Unless you order a Report for a Resale Intent of CRA Resale or Conduit Resale or Non-CRA Resale, you agree to retain whatever trademarks and proprietary notices we place on the Report.

Section 5.4 What information is confidential?

You agree to keep confidential all non-public information that we provide to you about our services, including our non-public prices, our interface specifications, our product plans, our list of sources in our database, and the details of how our website works (but excluding our Report, which section 2.6 covers). You may use this information only as required to use our services. You may disclose this information to your affiliates, personnel, and contractors who have a need to know the information and have legally enforceable duties not to use the information except in your service and not to further disclose the information.

Article 6 Terms about legal liability

Section 6.1 Is information we provide true?

You acknowledge that, when we provide you information based on a third party's records (including court, credit, criminal, driving, educational, and employment records), we are only saying that we believe that the third party's records had that information at the time we retrieved those records. We are not saying that the information in those records is true. For example, court records can be incorrect. You acknowledge that, when we provide you information based on our interview of a third party (including reference checks), we are only saying that the third party told us the information we provide you. We are not saying that the information is true. For example, information from a reference can be incorrect.

Section 6.2 Do we make any warranties?

We make no warranties. 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 confirm that you are not entering this agreement on the basis of any warranty outside of this agreement. You acknowledge that these disclaimers are an integral part of an agreement in which you and we have actively and intentionally allocated risk and that we would not provide you the services if you did not accept these disclaimers. These disclaimers apply even if any remedy fails of its essential purpose due to these disclaimers.

Section 6.3 Against what claims do you agree to protect us and our associates?

The terms "Indemnify" and "Associate" and "Claim" are defined below. You agree to Indemnify us and each Associate against every Claim. You agree not to sue any of our Associates based on anything that Associate does on our behalf or based on any service or Report that you request from us or we provide you. You agree to Indemnify even if our negligence, our Associate's negligence, or our breach of this agreement causes the Claim.

  1. "Indemnify" means promptly reimburse, or directly pay, the sum of
    1. the reasonable cost of investigating, defending, and negotiating the Claim (including reasonable attorney's fees, expert witness fees, and court costs); and
    2. any monetary obligation that is imposed on us or any of our Associates as part of a settlement of the Claim that you approve, a settlement of the Claim to the extent that it was reasonable under the circumstances (even if you do not approve it), or a final judgment on the Claim from which no further appeal is taken.
  2. "Associate" means:
    1. anyone controlling, controlled by, or under common control with us (our "Affiliates");
    2. anyone who directly or indirectly provides goods, services, or intellectual property to us or our Affiliate (our "Suppliers"); or
    3. any employee, manager, officer, director, or other individual agent of ours, our Affiliate, or our Supplier.
  3. "Claim" means any third-party claim (including a government investigation) arising from:
    1. anyone's use of any information in any Report or service that we provide you;
    2. publication of any information in any Report we provide you to anyone else;
    3. liability under, or breach of, any contract between you and a third party; or
    4. your tort, negligence, violation of this agreement, or violation of law applying to your operations.

Section 6.4 What rights do third parties get under this agreement?

You and we do not intend to create a right for any third party (except our Associates) to enforce this agreement directly against either party, except for those parts of this agreement that benefit our Associates. To the extent that, despite that intent, any court finds that a third party (other than one of our Associates) may enforce this agreement directly, that third party's rights are limited by all the terms, conditions, and defenses that apply to the party whose rights the third party seeks to enforce.

Section 6.5 How does this agreement limit our liability?

Even if any exclusive remedy fails of its essential purpose, we are not liable for:

  1. third-party claims against you or anyone associated with you;
  2. consequential damages (including lost opportunity, profits, use, or savings), incidental damages (even if advised of their possibility), punitive damages, or indirect damages;
  3. damages in aggregate that exceed the total fees you paid us under this agreement during the calendar month for which those fees were the highest (or $100, if that is higher); or
  4. 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 6.6 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 6.7 Where may either you or we sue the other?

You consent to the courts for Dallas County, Texas handling any dispute that is between you and us or any of our Associates and that relates to the services we provide you or to this agreement. You agree not to sue us or our Associates about such a dispute in any other courts. This means that, for these disputes, 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 County, Texas, is an inconvenient forum.

Section 6.8 What happens if part of this agreement is legally unenforceable?

If any part of this agreement or how it applies to any situation is legally unenforceable, then:

  1. the enforceability of the other parts is not affected;
  2. the enforceability of that part as applied to any other situation is not affected;
  3. each party may enforce that part to the maximum extent possible to effect the intent of the parties while avoiding the unenforceable aspect; and
  4. the parties hereby reform that part to the extent necessary to make such provision enforceable.

Section 6.9 How is this agreement to be interpreted?

This agreement is to be interpreted as if written and negotiated jointly by the parties. It is not to be strictly construed against either party, regardless of the actual drafter of the agreement. The article and section headings in this agreement are for ease of reference only and are not intended to affect the meaning or interpretation of this agreement. All amounts prefaced with the dollar symbol ($) are denominated in U.S. Dollars.

Section 6.10 What is the relationship of the parties?

You and we are independent contractors. Nothing contained in this agreement creates a joint venture, partnership, agency, employment, or fiduciary relationship between you and us. Each of you and us has the sole obligation to supervise, manage, direct, and perform its obligations, except as you and we otherwise agree in writing (other than email). Neither we nor you have any authority of any kind to bind the other.

Report Certifications

When any of the following Report Certifications use any capitalized term that is not defined in the Report Certification and but is defined in our Terms of Service, the term in the Report Certification has the same meaning as in the Terms of Service.

Report Certification for Resale Intent of No Resale

By ordering or receiving a Report for a Resale Intent of No Resale, you certify the following:

  1. You will not resell the report to anyone else.
  2. You will be the only end-user of the report.

Report Certification for Resale Intent of CRA Resale

By ordering or receiving a Report for a Resale Intent of CRA Resale, you certify the following:

  1. You are, and agree to fulfill all of the obligations of, a "consumer reporting agency" under the FCRA for the information in the Report.
  2. We are, and our obligations are limited to those of, a furnisher of information to a consumer reporting agency under the FCRA.
  3. You will not process the information in our Report outside of the United States.
  4. You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of the end-user, (2) that the end-user is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents that end-user.
  5. We have provided you, and you have provided the end-user, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" [see http://www.backgroundbiz.com/docs/Obligations-of-Users.pdf], which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf], which appears at 12 C.F.R. part 1022 appendix K.
  6. You have provided us a copy of the Consumer Financial Protection Bureau's "Notice to Furnishers of Information" [see http://www.backgroundbiz.com/docs/Obligations-of-Furnishers.pdf], which appears at 12 C.F.R. part 1022 appendix M.
  7. The end-user is not in one of the types of business listed in section 4.10 of our Terms of Service.
  8. The end-user has certified the purpose for which it requested the information in the Report and that it would use the information for no other purpose.
  9. You have verified, in a manner that conforms to all applicable industry standards, that the end-user will use the information in the Report for the purpose it certified.
  10. You have no reason for believing that the end-user will use information in the Report for any purpose other than the purpose it certified.
  11. Under a written agreement between you and the end-user, the end-user has requested the type of information that would be included in the Report.
  12. You will provide the Report to no one but the end-user and the Consumer, except as required by law.
  13. A written agreement between you and the end-user prohibits the end-user from giving the Report to anyone but the Consumer, except as required by law.
  14. If we request in writing, you will audit your end-user in a manner designed to detect any violation of law or the certifications and agreements made by that end-user, provide us with a written report of your findings, and require the end-user to promptly correct any violations detected.
  15. The end-user has made confirmations and agreements that protect us and the Consumer no less than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
  16. You have obtained the end-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although you may refer to us as your supplier, data source, or similar generic description).
  17. You have recorded the following information for each Report: (1) the name, address, and telephone number of the end-user; (2) the search terms and options that you submitted to us; (3) the date and time that you submitted the order to us; and (4) each purpose for which you furnish the Report or information from the Report to the end-user.
  18. To the extent that you do not provide the information in that record to us as part of your order, you will hold the resulting record, as our agent, for five years after you receive the Report.
  19. You will provide a copy of that record promptly whenever we request it and immediately if you stop operating as a going concern.
  20. You will not use the Report for any purpose other than to comply with law and as a "consumer report" under the FCRA for the purpose that the end-user certified to you and for the End-user Purpose that you certified to us.
  21. You understand that the information provided by our "instant" services (such as our national criminal database) is not necessarily complete or up-to-date as required by FRCA §613(a)(2) (which is 15 U.S.C. §1681k(a)(2)) or comparable laws.
  22. If the End-user Purpose you certified to us is Employment-Related Screening or Trucking, you will re-verify the public record information in the Report from any of our "instant" services with the original source of the public record as described in FCRA §613(a)(2) (which is 15 U.S.C. §1681k(a)(2)) before disclosing that public record information to your end-user, unless you send a notice that satisfies FCRA §613(a)(1) (which is 15 U.S.C. §1681k(a)(1)) for both you and us (by including our name and contact information) and you explicitly note that fact in the appropriate field in your order to us.
  23. If the end-user will use the report it receives for anything covered by the California Investigative Consumer Reporting Agencies Act, Connecticut General Statutes § 31-51i(h), Indiana Code § 24-4-18-7, or New York General Business Law § 380-g, you will re-verify the public record information in the Report from any of our "instant" services with the original source of the public record before disclosing that public record information to your end-user.
  24. You will ensure that the information in the Report relates to the Consumer before providing it to the end-user.
  25. You will ensure that your provision of information to the end-user based on the Report complies with all applicable laws.
  26. You will consistently identify yourself (and not us) as the consumer reporting agency for any Consumer to contact to request a re-investigation, including any re-investigation of information that you obtained from us in a Report.
  27. If you receive notice from a Consumer or anyone else disputing information in a Report:
    1. you will determine whether information in the Report is incomplete or inaccurate as a result of any act or omission of yours, within five days of receiving the notice;
    2. you will determine that the information in the Report is incomplete or inaccurate "as a result of any act or omission" of yours under this Report Certification, FCRA § 611(f) [which is 15 U.S.C. § 1681i(f)], and any comparable statute, if the incompleteness or inaccuracy is that a record (i) does not relate to the Consumer (despite matching the Consumer to the degree required by your order), (ii) is from an "instant" service and is missing information available in the underlying public record, (iii) is from an "instant" service and is not up-to-date compared to the underlying public record, or (iv) is from an "instant" service and is no longer publicly available;
    3. if information in the Report is incomplete or inaccurate as a result of any act or omission of yours, you will convey the notice and your determination to us within five days of receiving the notice, reinvestigate the information on behalf of both you and us, correct or delete the information within 20 days after your receipt of the notice, and inform us of your resolution of the request for reinvestigation as follows:
      • if you determine that the record does not relate to the Consumer, you will provide us with the information identifying the record (the record ID number for "instant" services) and the name and social security number of the Consumer to whom it does not relate;
      • if you determine that the record incompletely reflects the information in the underlying public record, you will provide us with the information identifying the record (the record ID number for "instant" services), the identity of the missing data elements, and the data for each of those elements;
      • if you determine that the record has information that is not the same as the information in the underlying public record, you will provide us with the information identifying the record (the record ID number for "instant" services), the identity of the data elements that are not currently reflected, and the correct data for each of those elements (which could be no data being stored in those elements); and
      • If you determine that the record is not publicly available at all (for example, it has been expunged), you will provide us with the information identifying the record (the record ID number for "instant" services;
    4. you hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part; and
    5. if information in the Report is not incomplete or inaccurate as a result of any act or omission of yours, you will, within five days after your receipt of the notice, convey to us the notice, your determination, and all other information the Consumer provided in the manner that we specify from time to time (including the form [http://www.backgroundbiz.com/docs/backgroundchecksDOTcom-reseller-disputes.docx] and, if we subsequently provide a notice to you about the dispute for you to deliver to the Consumer, you will promptly convey that notice to the Consumer.

Report Certification for Resale Intent of Conduit Resale

By ordering or receiving a Report for a Resale Intent of Conduit Resale, you certify the following:

  1. You will resell the Report to a business organization located in the United States that is a "consumer reporting agency" under the FCRA (your "Customer").
  2. You will not change or add to any Report that we provide to you.
  3. You will not process the information in our Report outside of the United States.
  4. You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of your Customer, (2) that your Customer is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents your Customer.
  5. We have provided you, and you have provided your Customer, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" [see http://www.backgroundbiz.com/docs/Obligations-of-Users.pdf], which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf], which appears at 12 C.F.R. part 1022 appendix K.
  6. You have provided us a copy of the Consumer Financial Protection Bureau's "Notice to Furnishers of Information" [see http://www.backgroundbiz.com/docs/Obligations-of-Furnishers.pdf], which appears at 12 C.F.R. part 1022 appendix M.
  7. Your Customer has certified to you the following:
    1. Your Customer is, and agrees to fulfill all of the obligations of, a "consumer reporting agency" under the FCRA for the information in the Report.
    2. We are, and our obligations are limited to those of, a furnisher of information to a consumer reporting agency under the FCRA.
    3. Your Customer will not process the information in our Report outside of the United States.
    4. Your Customer has verified, in a manner that conforms to law and all applicable industry standards, (i) the identity of the end-user, (ii) that the end-user is a legitimate business, non-profit, government, or other organization, and (iii) that the individual with whom your Customer is working actually represents that end-user.
    5. The end-user is not in one of the types of business listed in section 4.10 of our Terms of Service.
    6. The end-user has certified the purpose for which it requested the information in the Report and that it would use the information for no other purpose.
    7. Your Customer has verified, in a manner that conforms to all applicable industry standards, that the end-user will use the information in the Report for the purpose it certified.
    8. Your Customer has no reason for believing that the end-user will use information in the Report for any purpose other than the purpose it certified.
    9. Under a written agreement between your Customer and the end-user, the end-user has requested the type of information that would be included in the Report.
    10. Your Customer will provide the Report to no one but the end-user and the Consumer, except as required by law.
    11. A written agreement between your Customer and the end-user prohibits the end-user from giving the Report to anyone but the Consumer, except as required by law.
    12. If we request in writing, your Customer will audit the end-user in a manner designed to detect any violation of law or the certifications and agreements made by that end-user, provide us with a written report of your findings, and require the end-user to promptly correct any violations detected.
    13. The end-user has made confirmations and agreements that protect us and the Consumer no less than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
    14. Your Customer has obtained the end-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although your Customer may refer to us as its supplier, data source, or similar generic description).
    15. Your Customer will not use the Report for any purpose other than to comply with law and as a "consumer report" under the FCRA for the purpose that the end-user certified to you and for the End-user Purpose that you certified to us.
    16. Your Customer understands that the information provided by our "instant" services (such as our national criminal database) is not necessarily complete or up-to-date as required by FRCA §613(a)(2) (which is 15 U.S.C. §1681k(a)(2)) or comparable laws.
    17. If the End-user Purpose you certified to us is Employment-Related Screening or Trucking, your Customer will re-verify the public record information in the Report from any of our "instant" services with the original source of the public record as described in FCRA §613(a)(2) (which is 15 U.S.C. §1681k(a)(2)) before disclosing that public record information to your end-user, unless your Customer sends a notice that satisfies FCRA §613(a)(1) (which is 15 U.S.C. §1681k(a)(1)) for both your Customer and us (by including our name and contact information) and you explicitly note that fact in the appropriate field in your order to us.
    18. If the end-user will use the report it receives for anything covered by the California Investigative Consumer Reporting Agencies Act, Connecticut General Statutes § 31-51i(h), Indiana Code § 24-4-18-7, or New York General Business Law § 380-g, your Customer will re-verify the public record information in the Report from any of our "instant" services with the original source of the public record before disclosing that public record information to your end-user.
    19. Your Customer will ensure that the information in the Report relates to the Consumer before providing it to the end-user.
    20. Your Customer will ensure that its provision of information to the end-user based on the Report complies with all applicable laws.
    21. Your Customer will consistently identify itself (and not us) as the consumer reporting agency for any Consumer to contact to request a re-investigation, including any re-investigation of information that you obtained from us in a Report.
  8. You have recorded the following information for each Report: (1) the name, address, and telephone number of the end-user; (2) the search terms and options that you submitted to us; (3) the date and time that you submitted the order to us; and (4) each purpose for which you furnish the Report or information from the Report to the end-user.
  9. To the extent that you do not provide the information in that record to us as part of your order, you will hold the resulting record, as our agent, for five years after you receive the Report.
  10. You will provide a copy of that record promptly whenever we request it and immediately if you stop operating as a going concern.
  11. If you or your Customer receives notice from a Consumer disputing information in a Report:
    1. you or your Customer will determine whether information in the Report is incomplete or inaccurate as a result of any act or omission of yours or your Customer (respectively), within five days of receiving the notice;
    2. you or your Customer will determine that the information in the Report is incomplete or inaccurate "as a result of any act or omission" of yours or your Customer (respectively) under this Report Certification, FCRA § 611(f) [which is 15 U.S.C. § 1681i(f)], and any comparable statute, if the incompleteness or inaccuracy is that a record (i) does not relate to the Consumer (despite matching the Consumer to the degree required by your order), (ii) is from an "instant" service and is missing information available in the underlying public record, (iii) is from an "instant" service and is not up-to-date compared to the underlying public record, or (iv) is from an "instant" service and is no longer publicly available; and
    3. if information in the Report is incomplete or inaccurate as a result of any act or omission of yours or your Customer, you or your Customer (respectively) will convey the notice and your determination to us within five days of receiving the notice, reinvestigate the information on behalf of both you or your Customer (respectively) and us, correct or delete the information within 20 days after receipt of the notice, and inform us of your resolution of the request for reinvestigation as follows:
      • if you or your Customer determines that the record does not relate to the Consumer, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for "instant" services) and the name and social security number of the Consumer to whom it does not relate;
      • if you or your Customer determines that the record incompletely reflects the information in the underlying public record, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for "instant" services), the identity of the missing data elements, and the data for each of those elements;
      • if you or your Customer (respectively) determines that the record has information that is not the same as the information in the underlying public record, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for "instant" services), the identity of the data elements that are not currently reflected, and the correct data for each of those elements (which could be no data being stored in those elements); and
      • If you or your Customer determine that the record is not publicly available at all (for example, it has been expunged), you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for "instant" services;
    4. you and your Customer hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part;
    5. if information in the Report is not incomplete or inaccurate as a result of any act or omission of yours or your Customer, you or your Customer (respectively) will, within five days after receipt of the notice, convey to us the notice, your or your Customer's (respectively) determination, and all other information the Consumer provided in the manner that we specify from time to time (including the form available at http://www.backgroundbiz.com/docs/backgroundchecksDOTcom-reseller-disputes.docx) and, if we subsequently provide a notice to you or your Customer about the dispute for you or your Customer (respectively) to deliver to the Consumer, you or your Customer (respectively) will promptly convey that notice to the Consumer.

Report Certification for Resale Intent of Non-CRA Resale

By ordering or receiving a Report for a Resale Intent of Non-CRA Resale, you certify the following:

  1. You not a "consumer reporting agency" under the FCRA.
  2. You are procuring the Report for resale to a single end-user.
  3. You will not process the information in our Report outside of the United States.
  4. You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of the end-user, (2) that the end-user is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents that end-user.
  5. We have provided you, and you have provided the end-user, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" [see http://www.backgroundbiz.com/docs/Obligations-of-Users.pdf], which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf], which appears at 12 C.F.R. part 1022 appendix K.
  6. The end-user is not in one of the types of business listed in section 4.10 of our Terms of Service.
  7. The end-user has certified the purpose for which it requested the information in the Report and that it would use the information for no other purpose.
  8. You have verified, in a manner that conforms to all applicable industry standards, that the end-user will use the information in the Report for the purpose it certified.
  9. You have no reason for believing that the end-user will use information in the Report for any purpose other than the purpose it certified.
  10. Under a written agreement between you and the end-user, the end-user has requested the type of information that would be included in the Report.
  11. You will provide the Report to no one but the end-user and the Consumer, except as required by law.
  12. A written agreement between you and the end-user prohibits the end-user from giving the Report to anyone but the Consumer, except as required by law.
  13. If we request in writing, you will audit your end-user in a manner designed to detect any violation of law or the certifications and agreements made by that end-user, provide us with a written report of your findings, and require the end-user to promptly correct any violations detected.
  14. The end-user has made confirmations and agreements that protect us and the Consumer no less than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
  15. You have obtained the end-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although you may refer to us as your supplier, data source, or similar generic description).
  16. With your order, you have provided us the name, address, and telephone number of the end-user (which we will not use to compete with you) and (2) each purpose for which you furnish the Report or information from the Report to the end-user.
  17. You will not use the Report for any purpose other than to comply with law and as a "consumer report" under the FCRA for the purpose that the end-user certified to you and for the End-user Purpose that you certified to us.
  18. You understand that the information provided by our "instant" services (such as our national criminal database) is not necessarily complete or up-to-date as required by FRCA §613(a)(2) (which is 15 U.S.C. §1681k(a)(2)) or comparable laws.
  19. You understand that we may apply to Reports that we provide to you the same stringent matching and filtering logic that we apply to Reports that we provide to our end-users. You accept the risk arising from that logic.
  20. You will ensure that your provision of information to the end-user based on the Reports complies with all applicable laws.
  21. You will consistently identify us (and not yourself) as the consumer reporting agency for any Consumer to contact to request a re-investigation, including any re-investigation of information that you obtained from us in a Report.
  22. If you receive notice from a Consumer disputing information in a Report, you will immediately convey the entire notice to us. If we subsequently provide a notice to you about the dispute for you to deliver to the Consumer, you will promptly convey that notice to the Consumer.
  23. You hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part.

Report Certification for End-user Purpose of Employment-Related Screening

By ordering or receiving a Report from us for an End-user Purpose of Employment-Related Screening, you certify the following:

  1. The end-user will use the information in the Report only as a "consumer report" under the FCRA and only for "employment purposes" under the FCRA (which, according to the Federal Trade Commission, includes relationships other than normal employment, such as individual independent contractors and individual insurance agents).
  2. The end-user is either (1) not considering the Consumer as an applicant for a position regulated by either or both of (i) the federal department of transportation under a specific statute that allows the department to establish qualifications and maximum service hours for the trucking industry or (ii) a state transportation agency or (2) has interacted with the Consumer in some way other than mail, phone, computer, or similar means.
  3. The end-user will not use (or permit anyone else to use) information in the Report in violation of any applicable federal or state equal employment opportunity law or regulation.
  4. The end-user has given the Consumer clear, conspicuous, written disclosure (in a document consisting solely of the disclosure) that a consumer report or investigative consumer report may be obtained for employment purposes.
  5. If the Report is governed by the California Investigative Consumer Reporting Agencies Act, the end-user has given the Consumer clear, conspicuous, written disclosure (in a document consisting solely of the disclosure) (1) that an investigative consumer report may be obtained for employment purposes; (2) that the report may include information on the consumer's character, general reputation, personal characteristics, and mode of living; (3) that identifies the name, mailing address, telephone number, and website address of the consumer reporting agency providing the report, and (4) that summarizes the Consumer's rights under California Civil Code §1786.22 (including that, if the Consumer provides proper identification, the Consumer may inspect our files about the Consumer by mail, by telephone, or in person, that we will provide the Consumer with trained personnel and explanation of any codes to help understand those files, and that another person who provides identification may accompany the Consumer, all for free).
  6. The foregoing disclosures were not combined with anything else (such as an employment application or a release of liability), other than the investigative-consumer-report disclosure described immediately below and the authorization described below.
  7. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  8. The end-user has obtained the Consumer's written authorization (which may be on the disclosure document) for the end-user to procure the Report.
  9. If California's Consumer Credit Reporting Agencies Act governs the Report, the end-user has given the Consumer a notice (1) that a credit report will be used, (2) that identifies the basis for requesting the credit report under California Labor Code § 1024.5, (3) that identifies the consumer reporting agency providing the credit report, and (4) that has a box that the Consumer may check to request a copy of the credit report. If the Consumer checks the box, the end-user shall provide a copy of the credit report to the Consumer.
  10. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer could check to request a copy of the Report and. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  11. If Minnesota Statutes chapter 13C governs the Report, the end-user has given the Consumer a written disclosure that (1) accompanies any application for employment that the end-user provided to the Consumer, (2) states that the end-user may obtain a consumer report, (3) states that the Consumer may obtain a complete and accurate disclosure of the nature and scope of the Report, and (4) includes a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will provide the Consumer a copy of the Report.
  12. If New York's Fair Credit Reporting Act governs the Report, the end-user has given the Consumer written disclosure that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing.
  13. If Oklahoma Statute § 24-148 governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will provide the Consumer a copy of the Report.
  14. If the Report is an investigative consumer report governed by Minnesota Statutes chapter 13C, the end-user has given the Consumer a written statement that the Report may include information obtained through personal interviews.
  15. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user gave the Consumer (1) a copy of Article 23-A of the New York Corrections Law and (2) a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that provided the investigative consumer report. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the investigative consumer report by contacting the consumer reporting agency.
  16. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user obtained the Consumer's written authorization to obtain an investigative consumer report.
  17. If the report is governed by New York's Fair Credit Reporting Act and includes criminal conviction information, the end-user will provide the Consumer with a written copy of Article 23-A of the New York Corrections Law.
  18. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  19. The end-user will provide the Consumer, before taking any adverse action based on information in the Report, with the Summary of Rights and a copy of the report it received.
  20. The end-user will not take any adverse action based on information in the Report unless: (1) the end-user has given the Consumer a reasonable period after providing the notice described above (of at least 5 business days if the notice was mailed) in which to dispute or explain the information; (2) the Consumer has not disputed any information or that dispute has been resolved; (3) the end-user has considered any explanation (including any evidence of rehabilitation) to the extent required by law; and (4) the information has a direct relationship to the Consumer's duties that is sufficient to satisfy applicable law and Equal Employment Opportunity Commission guidance.
  21. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  22. The end-user will inform the Consumer of the reason for any adverse action taken based on information in the Report when applicable law requires.

Report Certification for End-user Purpose of Trucking

By ordering or receiving a Report for an End-user Purpose of Trucking, you certify the following:

  1. The end-user will use the information in the Report only as a "consumer report" under the FCRA and only for "employment purposes" under the FCRA (which, according to the Federal Trade Commission, includes relationships other than normal employment, such as individual independent contractors and individual insurance agents).
  2. The end-user is both (1) considering the Consumer as an applicant for a position regulated by either or both of (i) the federal department of transportation under a specific statute that allows the department to establish qualifications and maximum service hours for the trucking industry or (ii) a state transportation agency and (2) has interacted with the Consumer only by mail, phone, computer, or similar means.
  3. The end-user will not use (or permit anyone else to use) information in the Report in violation of any applicable federal or state equal employment opportunity law or regulation.
  4. The end-user has given the Consumer an oral, written, or electronic notice that (1) a consumer report may be obtained for employment purpose; (2) the Consumer has the right to obtain a free copy of any report that on which the end-user based adverse action by requesting it from the consumer reporting agency that provided it within 60 days; and (3) the Consumer has the right to dispute the accuracy or completeness of any information in any report.
  5. If the Report is governed by the California Investigative Consumer Reporting Agencies Act, the end-user has given the Consumer clear, conspicuous, written disclosure (in a document consisting solely of the disclosure) (1) that an investigative consumer report may be obtained for employment purposes; (2) that the report may include information on the consumer's character, general reputation, personal characteristics, and mode of living; (3) that identifies the name, mailing address, telephone number, and website address of the consumer reporting agency providing the report, and (4) that summarizes the Consumer's rights under California Civil Code §1786.22 (including that, if the Consumer provides proper identification, the Consumer may inspect our files about the Consumer by mail, by telephone, or in person, that we will provide the Consumer with trained personnel and explanation of any codes to help understand those files, and that another person who provides identification may accompany the Consumer, all for free).
  6. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  7. The end-user has obtained the Consumer's consent (orally, in writing, or electronically) to the end-user obtaining the report
  8. If the Report is governed by the California Investigative Consumer Reporting Agencies Act, the end-user has also obtained the Consumer's written authorization to obtain the report.
  9. If the Report is governed by the Colorado Consumer Credit Reporting Act, the end-user has also (1) informed the Consumer that it may request a report and the Consumer consented in writing to that request.
  10. If the Report is governed by the New Jersey Fair Credit Reporting Act, the end-user has also given the Consumer clear, conspicuous, written disclosure (in a document consisting solely of the disclosure) that a consumer report or investigative consumer report may be obtained for employment purposes and the Consumer has authorized the end-user to obtain the report.
  11. If California's Consumer Credit Reporting Agencies Act governs the Report, the end-user has given the Consumer a notice (1) that a credit report will be used, (2) that identifies the basis for requesting the credit report under California Labor Code § 1024.5, (3) that identifies the consumer reporting agency providing the credit report, and (4) that has a box that the Consumer may check to request a copy of the credit report. If the Consumer checks the box, the end-user shall provide a copy of the credit report to the Consumer.
  12. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer could check to request a copy of the Report and. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  13. If Minnesota Statutes chapter 13C governs the Report, the end-user has given the Consumer a written disclosure that (1) accompanies any application for employment that the end-user provided to the Consumer, (2) states that the end-user may obtain a consumer report, (3) states that the Consumer may obtain a complete and accurate disclosure of the nature and scope of the Report, and (4) includes a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will provide the Consumer a copy of the Report.
  14. If New York's Fair Credit Reporting Act governs the Report, the end-user has given the Consumer written disclosure that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing.
  15. If Oklahoma Statute § 24-148 governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will provide the Consumer a copy of the Report.
  16. If the Report is an investigative consumer report governed by Minnesota Statutes chapter 13C, the end-user has given the Consumer a written statement that the Report may include information obtained through personal interviews.
  17. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user gave the Consumer (1) a copy of Article 23-A of the New York Corrections Law and (2) a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that provided the investigative consumer report. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the investigative consumer report by contacting the consumer reporting agency.
  18. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user obtained the Consumer's written authorization to obtain an investigative consumer report.
  19. If the report is governed by New York's Fair Credit Reporting Act and includes criminal conviction information, the end-user will provide the Consumer with a written copy of Article 23-A of the New York Corrections Law.
  20. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by law.
  21. If the report is governed by the New Jersey Fair Credit Reporting Act, the end-user will provide the Consumer, before taking any adverse action based on information in the Report, with the Summary of Rights and a copy of the report it received.
  22. If the report is governed by the New Jersey Fair Credit Reporting Act, the end-user will not take any adverse action based on information in the Report unless: (1) the end-user has given the Consumer a reasonable period after providing the notice described above (of at least 5 business days if the notice was mailed) in which to dispute or explain the information; and (2) the Consumer has not disputed any information or that dispute has been resolved.
  23. The end-user will not take any adverse action based on information in the Report unless: (1) the end-user has considered any explanation (including any evidence of rehabilitation) to the extent required by law; and (2) the information has a direct relationship to the Consumer's duties that is sufficient to satisfy applicable law and Equal Employment Opportunity Commission guidance.
  24. Within three business days after taking adverse action based on information in the Report, the end-user will give the Consumer oral, written, or electronic notice: (1) that adverse action was taken in whole or in part based on a consumer report received from a consumer reporting agency; (2) of the name, address, and phone number of the consumer reporting agency that issued the report; (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the Consumer the specific reasons why the adverse action was taken; (4) that the Consumer may obtain a copy of the report on providing proper identification; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  25. If the Consumer requests, the end-user will (within three days of the receiving the Consumer's request and proper identification) send or provide the Consumer a copy of a report and a copy of the Summary of Rights.
  26. The end-user will inform the Consumer of the reason for the Adverse Action when applicable law requires.

Report Certification for End-user Purpose of Volunteer Screening

By ordering or receiving a Report from us for an End-user Purpose of Volunteer Screening , you certify the following:

  1. The Report will be used only as a "consumer report" under the FCRA and only for screening current or prospective tenants of the end-user or its client whose property the end-user manages.
  2. The Consumer has given the end-user written instructions to obtain a consumer report about the Consumer and the end-user will follow those instructions.
  3. On our request within six years after the date of our Report, you will provide us a copy of the written instructions that the Consumer gave.
  4. The end-user has determined that using a consumer report to screen volunteers is not using a consumer report for "employment purposes" under the FCRA.
  5. You are not relying on our guidance about whether using a consumer report to screen volunteers is using a consumer report for "employment purposes" under the FCRA.
  6. You will protect us from all third-party (including governmental) claims that, or based on the assertion that, using a Report to screen volunteers is using a consumer report for "employment purposes" under the FCRA.
  7. The end-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other credit or insurance transaction not initiated by the Consumer.
  8. The end-user will not use the Report in the course of any of the business listed in section 4.10 of our Terms of Service.
  9. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit Report and will use the Report only for the purpose to which the Consumer consented.
  10. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  11. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer has given the end-user written permission to obtain an investigative consumer report.
  12. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user has given the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  13. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  14. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  15. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Tenant Screening

By ordering or receiving a Report for an End-user Purpose of Tenant Screening, you certify the following:

  1. The Report will be used only as a "consumer report" under the FCRA and only for screening current or prospective tenants of the end-user or its client whose property the end-user manages.
  2. Either (1) the Consumer has given written instructions for the end-user to obtain a consumer report and the end-user will follow those instructions or (2) the Consumer initiated the business transaction.
  3. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has (or within three days after requesting a Report will have) notified the Consumer (1) that an investigative consumer reporting agency will make an investigative consumer report about the Consumer's character, general reputation, personal characteristics, and mode of living; (2) of the name, mailing address, website address, and toll-free telephone number of the consumer reporting agency; and (3) that the Consumer may inspect the consumer reporting agency's files about the Consumer by providing proper identification and the consumer reporting agency will provide the Consumer with trained personnel and explanation of any codes to help understand those files.
  4. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  5. If New York's Fair Credit Reporting Act governs the Report, the end-user has given the Consumer a written disclosure that the end-user may obtain a consumer report on the Consumer and that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a Report and, if so, of the name and address of the consumer reporting agency that issued the report.
  6. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit report and will use the Report only for the purpose to which the Consumer consented.
  7. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  8. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user has given the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  9. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer gave the end-user written permission to obtain an investigative consumer report.
  10. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  11. If California's Investigative Consumer Reporting Agencies Act governs the Report and, after obtaining the report, the end-user either denies housing to the Consumer or increases the charge for that housing, the end-user will inform the Consumer of the denial and of the name and address of the consumer reporting agency that issued the report.
  12. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  13. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Non-Tenant Credit

By ordering or receiving a Report for an End-user Purpose of Non-Tenant Credit, you certify the following:

  1. The Report will be used only as a consumer report (1) in connection with a credit transaction involving the Consumer and involving the extension of credit to, or review or collection of an account of, the Consumer, (2) by a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation unless the report is governed by the New York Fair Credit Reporting Act, or (3) for a legitimate business need to review an account to determine whether the Consumer continues to meet the terms of the account.
  2. The Report will not be used in connection with a "firm offer of credit " under the FCRA or any other credit transaction not initiated by the Consumer.
  3. If the California Consumer Credit Reporting Agencies Act governs the Report, you acknowledge receipt of notice of your obligations under that act by reference to California Civil Code §§1785.1-1785.36.
  4. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  5. If New York's Fair Credit Reporting Act governs the Report, the end-user gave the Consumer a written disclosure that the end-user may obtain a consumer report on the Consumer and that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a Report and, if so, of the name and address of the consumer reporting agency that issued it.
  6. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit Report and will use the Report only for the purpose to which the Consumer consented.
  7. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  8. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer gave the end-user written permission to obtain an investigative consumer report.
  9. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user gave the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  10. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  11. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  12. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Insurance Underwriting

By ordering or receiving a Report for an End-user Purpose of Insurance Underwriting, you certify the following:

  1. The Report will be used only as a consumer report for determining the Consumer's eligibility for insurance or the rate for insurance.
  2. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user either has given (at the time the application form, medical form, binder, or similar document is signed by the Consumer) or will give (no later than three days after requesting the report) the Consumer a clear, conspicuous, and written disclosure: (1) that the end-user will obtain an investigative consumer report about the Consumer's character, general reputation, personal characteristics, and mode of living; (2) that states the name, mailing address, website address, and toll-free telephone number of the consumer reporting agency that issued the report; (3) of the nature and scope of the investigation to be performed; and (4) that the Consumer may inspect the consumer reporting agency's files about the Consumer by providing proper identification and the consumer reporting agency will provide the Consumer with trained personnel and explanation of any codes to help understand those files.
  3. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  4. If New York's Fair Credit Reporting Act governs the Report, the end-user gave the Consumer a written disclosure that the end-user may obtain a consumer report on the Consumer and that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a Report and, if so, of the name and address of the consumer reporting agency that issued it.
  5. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit Report and will use the Report only for the purpose to which the Consumer consented.
  6. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  7. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer gave the end-user written permission to obtain an investigative consumer report.
  8. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user gave the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  9. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  10. If California's Investigative Consumer Reporting Agencies Act governs the Report and, after obtaining the Report, the end-user either denies insurance involving the subject for personal, family, or household purposes or increases the charge for that insurance, the end-user will inform the Consumer of the denial or increase and of the name and address of the consumer reporting agency that issued it.
  11. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  12. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Government License or Benefit

By ordering or receiving a Report for an End-user Purpose of Government License or Benefit, you certify the following:

  1. The Report will be used only as a consumer report in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status.
  2. The end-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, or in connection with a "firm offer of credit or insurance" under the FCRA or any other credit or insurance transaction not initiated by the Consumer.
  3. If California's Investigative Consumer Reporting Agencies Act governs the Report, the end-user has given the Consumer a form with a box that the Consumer may check to request a copy of the Report. If the Consumer checked that box, the end-user will send a copy of the Report to the Consumer within three business days after receiving the Report.
  4. If New York's Fair Credit Reporting Act governs the Report, the end-user gave the Consumer a written disclosure that the end-user may obtain a consumer report on the Consumer and that the end-user will, upon the Consumer's request, inform the Consumer whether it requested a consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing.
  5. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit Report and will use the Report only for the purpose to which the Consumer consented.
  6. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  7. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user gave the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  8. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer gave the end-user written permission to obtain an investigative consumer report.
  9. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  10. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  11. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Other Consumer-Initiated Transaction

By ordering or receiving a Report for an End-user Purpose of Other Consumer-Initiated Transaction, you certify the following:

  1. The end-user will use the Report only as a "consumer report" under the FCRA and only for a legitimate business purpose in connection with a business transaction initiated by the Consumer.
  2. On our request within six years after the date of our Report, you will explain (in writing) the nature of the business transaction initiated by the Consumer and provide documentation that the Consumer initiated it.
  3. The end-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other insurance transaction not initiated by the Consumer.
  4. The end-user will not use the Report in the course of any of the business listed in section 4.10 of our Terms of Service.
  5. The end-user is not a law firm or, unless the end-user is an individual ordering a Report about himself or herself, a lawyer or working for a law firm or lawyer.
  6. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit report and will use the Report only for the purpose to which the Consumer consented.
  7. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  8. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer has given the end-user written permission to obtain an investigative consumer report.
  9. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user has given the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  10. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  11. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  12. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Other Written Consent

By ordering or receiving a Report for an End-user Purpose of Other Written Consent, you certify the following:

  1. The end-user will use the Report only as a "consumer report" under the FCRA and only in accordance with the written instructions of the Consumer.
  2. The Consumer has given the end-user written instructions to obtain a consumer report about the Consumer and the end-user will follow those instructions.
  3. On our request within six years after the date of our Report, you will provide us a copy of the written instructions that the Consumer gave.
  4. The end-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other credit or insurance transaction not initiated by the Consumer.
  5. The end-user will not use the Report in the course of any of the business listed in section 4.10 of our Terms of Service.
  6. The end-user is not a law firm or, unless the end-user is an individual ordering a Report about himself or herself, a lawyer or working for a law firm or lawyer.
  7. If Vermont's law applies to the Report and the Report includes a credit report, the end-user has obtained the Consumer's consent to obtain that credit report and will use the Report only for the purpose to which the Consumer consented.
  8. If the Report is an investigative consumer report under the FCRA, the end-user has given the Consumer (1) a clear and accurate disclosure that an investigative consumer report including information on the Consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Consumer has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" [see http://www.backgroundbiz.com/docs/Summary-of-Rights.pdf]. If the Consumer requests, the end-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Consumer within five days.
  9. If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Consumer has given the end-user written permission to obtain an investigative consumer report.
  10. If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the end-user has given the Consumer a written statement that, upon written request, the end-user will inform the Consumer whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Consumer requests this information, the end-user will provide it in writing and will inform the Consumer in writing that the Consumer may inspect and receive a copy of the Report by contacting the consumer reporting agency.
  11. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
  12. When the end-user takes adverse action based on information in the Report, the end-user will give the Consumer oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Consumer can obtain a free copy of a report on the Consumer by requesting one from the consumer reporting agency within 60 days; and (5) that the Consumer may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
  13. If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale, the end-user will provide a copy of the report with the notice of adverse action.

Report Certification for End-user Purpose of Employee Misconduct Investigation

By ordering or receiving a Report for an End-user Purpose of Employee Misconduct Investigation, you certify the following:

  1. The end-user is currently investigating either suspected misconduct relating to employment or compliance with law, the rules of a "self-regulatory organization" as defined in the FCRA, or its pre-existing, written policies as an employer.
  2. If California's Investigative Consumer Reporting Agencies Act governs the Report, the Consumer is the subject of the investigation.
  3. If Minnesota States chapter 13C governs the Report, the investigation is into either (1) a current violation of a criminal or civil statute by a current employee or (2) employee conduct for which the employer may be liable.
  4. The Report is not governed by New Jersey's Fair Credit Reporting Act or New York's Fair Credit Reporting Act.
  5. The end-user will not request a credit report as part of a Report if the Report will be governed by California or Vermont law.
  6. The end-user is not investigating the Consumer's credit worthiness, credit standing, or credit capacity, even if that is relevant to its investigation.
  7. The end-user will not give the Report to anyone except (1) its employees and other agents, (2) an officer, agency, or department of any federal, state, or local government, (3) a "self-regulatory organization" as defined in the FCRA with regulatory authority over it or its employee who is being investigated; or (4) as required by law.
  8. If the end-user takes Adverse Action based on the Report, the end-user will promptly disclose to the Consumer a summary of the nature and substance of the Report, except that the end-user need not disclose the sources of information for any part of the Report that is an investigative consumer report.
  9. The end-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.

Report Certification for End-user Purpose of Non-FCRA

By ordering or receiving a Report for an End-user Purpose of Non-FCRA, you certify the following:

  1. You have thoroughly educated yourself about when information is a "consumer report" and about our services.
  2. You understand that we do not intend to give you access to any of our database services because they may contain information collected, assembled, and evaluated for purposes regulated by the FCRA.
  3. If you obtain access to any database of information through us, you will immediately cease use of our services and contact our client relations group for assistance.
  4. The end-user will not use any information from the Report for any purpose that the FCRA governs.
  5. Given the end-user's use of information from the Report, the FCRA does not govern the Report.
  6. If you have had any uncertainty about whether the FCRA governs our Report, you obtained the written opinion of a licensed attorney that the FCRA does not govern our Report.
  7. The reason that the FCRA does not govern our Report is not because FCRA §603(o) [15 U.S.C. §1681a(o)] or FCRA §603(y) [15 U.S.C. §1681a(y)] describes our Report.
  8. We have expressed no opinion that the FCRA does not govern our Report.
  9. You are not relying on our guidance about whether the FCRA governs the Report.
  10. You will protect us from all third-party (including governmental) claims that, or based on the assertion that, the FCRA does govern the Report.