This version of these Terms and Conditions was last modified on 06 September 2023. Compared to the immediately preceding version, this version adds extensive provisions to support I-9 Form and E-Verify services, flows down contractual requirements from their provider, re-organizes existing provisions to prevent application of consumer-reporting rules to those services, conforms use of definitions, and makes further substantive changes. Without attempting to identify every section with significant changes, major substantive changes occurred in sections 1.9-1.11, article 2, section 4.3, article 5, section 6.2, 6.3, 6.9, 7.6, 7.11, 8.1, 8.2, and article 9 (except section 9.3 and 9.12).
This is a legally binding service agreement between two parties. The first party is backgroundchecks.com LLC, a Delaware limited liability company doing business as backgroundchecks.com, whom this agreement calls "we" and "us." The second party is either:
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.
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 and any additional terms contained in it supplement this agreement. In any case, the Report Certifications you make are in addition to these Terms of Service or your separate 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.
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:
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:
We agree to this agreement if, after we receive your signature, we:
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.
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 7.8 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 7.1.
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 7.8 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.
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. But you agree to associate an email address for that user to which we may send notices and to actually read any notices we send to that email address. Our interface specifications, these Terms of Service, and the applicable Report Certifications 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 and certifications that your Users make to our systems.
You and we do not intend to create a right for any third party to enforce this agreement directly against either party, except for(a) our Suppliers, who are intended beneficiaries of everything that you say in this agreement, as it relates to a Supplier and (b) our Associates, who are intended beneficiaries of section 9.5. To the extent that, despite that intent, any court finds that any other third party 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. "Associate" means: (a) anyone controlling, controlled by, or under common control with us (our "Affiliate"); (b) any third party who directly or indirectly provides goods, services, data, or intellectual property to us or our Affiliate in relation to the services we provide to you (our "Supplier"); or (c) any employee, manager, officer, director, or other individual agent of ours, our Affiliate, or our Supplier.
This agreement (including (a) the Terms of Service except to the extent section 1.2 excludes them, (b) the relevant Report Certifications, (c) any price list identified in section 1.2, and (d) any additional certifications or promises you make under section 1.9, 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.
Various laws apply to the services that we provide to you and the information we provide to or process for you through our services (that information being the "Data"), usually for the purpose of protecting the person that the Data concerns (that person being the "Subject"). 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 or processing for you. You confirm that you have independently educated yourself about your duties under applicable law. We (and the Suppliers whose services we provide under these terms) do not provide legal advice. We (and they) do not act as your legal counsel. We (and they) advise you to assure your compliance with law by involving your own legal counsel. No consultation, training, information, support, or forms that we (or they) provide are legal advice. You confirm that you are not relying on us (or them) to ensure that you are complying with applicable law. You acknowledge that we (and they) are relying, for our (and their) 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 the use of our or our Suppliers’ services or any Data we provided you.
You agree not to use any Data for any purpose other than a legitimate business purpose. You agree not to use any Data 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 Data to blackmail, harass, or humiliate anyone else.
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 or similar organization, or any Subject.
You agree to adopt a record retention program that (a) results in the retention and destruction of I-9 Form and E-Verify records that we process for you in conformity with federal law and (b) results in the destruction of all other records containing information we provide you about any Subject (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 4.9) requires you to retain the information for a longer time. You agree to retain any document that the Subject 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, the term "record" means anything that could be discovered in litigation, including paper records, electronic data, email, and voicemail recordings.
This article governs all services that we provide you, except those governed by article 5. The Fair Credit Reporting Act, regulations issued under it, and similar state laws (collectively, the "FCRA") regulate most communications that we provide you and that include Data bearing on a Subject's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living (each of those communications being a "Report" and that Data being "Consumer Reporting Information"). For example, criminal history is typically Consumer Reporting Information and a communication containing criminal history is typically a Report. The FCRA more intensively regulates our Reports in which we obtain Consumer Reporting Information by interviewing someone, which are called "investigative consumer reports." The federal FCRA statute begins at 15 U.S.C. § 1681 (available at https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act); most federal regulations begin at 12 C.F.R. part 1022 (available at 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.
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" (available at https://www.backgroundchecks.com/hubfs/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" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf) (the "Summary of Rights"), which appears at 12 C.F.R. part 1022 appendix K and which explains to the Subject many of the Subject's rights under the FCRA.
You acknowledge that obtaining information about a Subject from us under false pretenses is a federal crime. In addition to the FCRA, many state laws also regulate the Consumer Reporting Information that we provide in our Reports.
Your duties under this agreement, the FCRA, other federal laws, and many state laws and our duties under our agreements with our Suppliers, the FCRA, other federal laws, and many state laws depend on (a) whether you will resell our Report and, if so, to whom (your "Resale Intent"), (b) 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"), and (c) for certain Resale Intents, the procedures you will ensure are used to process public-record information that you receive from us (your "Procedure"). Our systems allow your Users to select the Resale Intent, End-user Purpose, and (if applicable) Procedure for which you obtain Reports from us through our website. For Reports ordered through a system-to-system interface, our systems allow you to provide a Resale Intent, End-User Purpose, and (if applicable) Procedure within each transaction sent through the interface and to supply us defaults values for Resale Intent, End-User Purpose, and (if applicable) Procedure, on which we may rely whenever your transaction lacks one of more of those values. By your User selecting a Resale Intent, End-user Purpose, and (if applicable) Procedure for a Report, you confirm that your Resale Intent, End-user Purpose, and (if applicable) Procedure are those selected, make and agree to our additional Report Certifications that apply to the selected Resale Intent (including variation based on Procedure, if applicable) 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, End-user Purpose, or (if applicable) Procedure changes by informing us of your new Resale Intent and End-user Purpose in the same manner as described above. The Resale Intents, End-user Purposes, and (if applicable) Procedures from which you may be able to select, and the additional terms that apply to your purchases for those Resale Intents, End-user Purposes, and (if applicable) Procedures, are set out below, although we do not allow every possible combination of Resale Intent, End-User Purpose, and Procedure and you may not qualify for every Resale Intent, End-user Purpose, or Procedure.
"End-user" has the meaning assigned in the Resale Intent you certified.
The possible 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.
Each Procedure set out above also has an analogous Procedure that ends with "& Notify." Each analogous Procedure has the same meaning as the underlying Procedure, with the additional requirement that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will notify the Subjects when reporting public records about them.
Some services included in our Reports have different or additional terms, which are set out within the Report Certifications for Resale Intent, set out below in this section, or both. Those terms only apply to the extent that we provide you those services. These services are the following:
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 Subject. 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 Subject. You agree not to rely on the fact that we have provided you the information in the Report to eliminate any such doubt.
You agree not to copy, distribute, disclose, publish, or use any Report (or any information in a Report) except as the following two sentences allow. You may distribute the Report to the Subject, use the Report internally in a single use (but subsequent explanation or justification of that use is not a separate use), 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 customers, you agree not to provide Reports to your customers, 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 customer 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.
This section 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 Subject, what services you ordered as part of that background check, a score based on the sponsor’s instructions for Scoring, and the full detail of the resulting Report. If your sponsor’s VendorSafe program includes Scoring, you agree to make yourself aware (before ordering the Report) of the instructions for that Scoring. By ordering a Report subject to that Scoring, you adopt those instructions as your own. You agree to fulfill the obligations under the certifications applicable to your Resale Intent and End-user Purpose for yourself, the sponsor, and us. 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 Subject (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.
This section 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 a score based on your instructions for Scoring, then you also make the certifications for your vendor's Resale Intent and End-user Purpose 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 4.4.
This section applies if you register with us under a SelectCheck program. An 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, a score based on the sponsor’s instructions for Scoring, 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" (available at https://www.backgroundchecks.com/hubfs/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.
This section 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 a score based on the sponsor’s instructions for Scoring , 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.
This section applies if you purchase a county criminal search in a California county in which we perform the California County File Pull process.
The context of the California County File Pull process is that some courts in California have removed so many identifiers from their criminal court records that we cannot determine (when performing a county criminal search) whether some records relate to a particular Subject. The "California County File Pull" process is that we (a) attempt to obtain a copy of the court's paper file for each possible record, (b) if we obtain those copies, review their contents to find any additional identifying information that tends to either confirm or disaffirm that each case is about the Subject, (c) if we find additional identifying information, make a new determination of whether each case is about the Subject, in accordance with our otherwise applicable standards; (d) report those records that we determine are about the Subject; (e) report none of the records that we determine are not about the Subject, and (f) report none of the records that we still cannot determine are or are not about the Subject. You acknowledge that this means that our Report may not include criminal records that actually belong to the Subject.
We have tested the California County File Pull process in Los Angeles county, California and found in testing that it allows a conclusion in over half of otherwise inconclusive criminal searches. This test was not a statistically valid sampling. California courts have rules for when they destroy their paper files for criminal cases. The destruction of the paper file does not also require the destruction of the electronic file. In testing of the California County File Pull process, we found that this practice of destroying paper files was the most common reason for the California County File Pull process to result in no conclusion about whether a case was about a Subject. You acknowledge that the California County File Pull process is not a universal solution allowing us to come to a conclusion about all otherwise inconclusive criminal searches.
You agree to pay an additional fee per county criminal search that we perform in a county in which we routinely perform the California County File Pull process. Although the fee is a blend of internal fees, service provider fees, and court fees, we will add this fee into and present it as part of the "court fee" or "pass-through fee" for the county criminal search. (For example, if the California County File Pull fee for a county is $5 and the pre-existing court fee for that county was $4, then the "court fee" presented for that county will be $9.) You acknowledge that we are spreading the cost of performing the California County File Pull process over all county criminal searches performed in the county. Therefore, you agree to pay the fee for each county criminal search for which we would perform the California County File Pull process if needed, even if we do not perform that process for the particular search, even if the court has destroyed the paper file or otherwise refuses to provide access to it, and even if the paper file contains no additional information that assists us in determining whether the case is about the Subject.
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.
Certain laws and data-supply contracts require us to check whether you are a legitimate organization using our services for a legitimate reason that you certify to us during the setup process. Our "credentialing process" is how we check on this.
In the credentialing process, we will (a) require you to give us information and (in many cases) physical or virtual access to your premises for a "site inspection" to gather more information, (b) independently obtain more information about you; and (c) review that information after we receive it. If we require a site inspection, you must pay our fee for it; our standard registration fee does not include the site inspection fee. In our review of the information gathered, we will be trying to confirm that (1) the information that you provided is accurate, (2) your organization is legitimate, and (3) your use of our services is legitimate and does not conflict with our understandings of the applicable law and of data-supply contracts. If we confirm that, then you "pass" the credentialing process.
Before we initially give you access to the results of any orders you place, you must pass the credentialing process. Additionally, we may require you to pass the credentialing process again to retain access to the results of orders that you place, and may consider only our own interests in deciding to require that. For example. we typically require the credentialing process again: when adding products with different restrictions associated to them; when your ordering crosses volume-based thresholds; when we detect ordering patterns that might be inconsistent with legitimate use; and when we suspend your account based on us having information that your orders misuse the services. Initially (and if we suspend your account), you may order services, but you will not have access to the Reports resulting from those orders until you pass the credentialing process. If you never pass the credentialing process, you will never have access to Reports resulting from those orders.
We will not refund or reduce any charges because of your failure to pass the credentialing process. Therefore, we advise you to review section 4.11 (about types of users to whom we might not provide all or some of our services) and article 3 (about you only using our services within the context of the FCRA) to make sure that you will pass our credentialing process.
Some Suppliers 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 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 firstname.lastname@example.org.
This section 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 or agreements required to obtain information from specific countries. You agree to abide by all foreign laws applying to information that we obtain from foreign jurisdictions and provide to you. We are not required to identify those laws for you. 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.
This article applies if you order our Employment Eligibility Service. "Employment Eligibility Service" means the use of a web-hosted computer program(s) generally known as "GryphonHR", which is an Internet-based employment eligibility verification processing and recordation tool proprietary to Transcend Software and Technology Solutions, LLC d/b/a GryphonHR ("Provider"), together with features and functionality offered by Provider from time to time. Provider is a Supplier as used in this agreement. The Employment Eligibility Service enables employers in the United States to do two things. The first is to create and store electronic DHS Employment Eligibility Forms ("I-9 Forms"). The second is to electronically check the employment eligibility of newly hired employees with the internet-based E-Verify application ("E-Verify"). The Department of Homeland Security ("DHS") operates E-Verify in partnership with the Social Security Administration ("SSA"). E-Verify compares information from an employee's I-9 Form to data from DHS and SSA records after completion of the I-9 Form.
Provider has stated to us that the Employment Eligibility Service meets the U.S. Citizenship and Immigration Services ("USCIS") requirements and DHS regulations related to electronic I-9 Form management. The Employment Eligibility Service is integrated with E-Verify to submit E-Verify case requests and provide E-Verify case results through the Employment Eligibility Service.
You acknowledge that, in order for the Provider to provide the parts of the Employment Eligibility Service related to E-Verify, you must agree to a memorandum of understanding prescribed by DHS (the "MOU"). The MOU sets forth the terms by which the SSA and USCIS will confirm the employment eligibility of newly-hired employees after you complete and submit the I-9 Form through E-Verify. You agree to provide us with the information requested in the E-Verify Company Profile document (which we will supply to you) for purposes of obtaining a unique E-Verify Program ID-number for you. You agree to enter into the E-Verify MOU, with us as your E-Verify Employer Agent ("EEA") for purposes of providing the part of the Employment Eligibility Service related to E-Verify. You agree to comply with your obligations under the MOU and with the DHS’s official E-Verify User Manual. Without limiting the foregoing, you agree to use E-Verify only for (a) your employees hired after the effective date of the MOU and, (b) if you are acting as a federal contractor, for either all existing employees or only existing employees assigned to specific federal contracts covered by the relevant rule in the Federal Acquisition Regulations (the "FAR Clause"). If you are already enrolled in E-Verify at the time of a federal contract award but are not enrolled in the system as a federal contractor with the FAR Clause, you agree to notify us and complete an updated E-Verify Company Profile document within 30 days after the award of the federal contract. We agree to enter into the MOU as your EEA after you fulfill your obligations above. After that, we agree to comply with our obligations under the MOU and the DHS official E-Verify User Manual as your EEA.
You agree to complete all I-9 Forms, and perform all E-Verify checks, in accordance with applicable federal, state, and local laws. This includes all laws, rules, and regulations promulgated by DHS or USCIS about: completing I-9 Forms (including timely completion of I-9 Forms); participating in E-Verify; complying with the provisions of the MOU that are applicable to you; posting notices of your participation in E-Verify; and antidiscrimination provisions. You acknowledge that neither we nor Provider bear any responsibility or liability for your failure to comply with the federal I-9 Form compliance, completion, retention, and storage rules. In order to ensure your compliance with the retention rules, you should periodically download and save the electronic I-9 Form records created through use of the Employment Eligibility Service. You own and are responsible for information, including I-9 Form records, downloaded and saved or otherwise retained on your computers or servers.
You agree not to use the Employment Eligibility Service other than in accordance with these terms and conditions and any additional terms and conditions posted on the website through which the Employment Eligibility Service is accessed (the "Website"). Provider may post on the Website terms and conditions governing use of the Website by your users. You agree to comply, and cause your users to comply, with those terms and conditions.
You agree to notify us immediately (and in any case within one business day) after receiving notice of an audit, investigation, or fine that (a) relates to your I-9 Form or E-Verify activities or any other activities of yours based on or using the Employment Eligibility Service and (b) is by one or more governmental agencies, such as the DHS, USCIS, SSA, U.S. Immigration and Customs Enforcement, Department of Justice, Attorney General, Office of Special Counsel, or other state or federal agency . You agree to allow Provider and us to (x) participate in that process, (y) respond to all questions directed at the Employment Eligibility Service, and (z) conduct all demonstrations of the Employment Eligibility Service. You acknowledge that your failure to comply with this section would be a material breach of these terms and conditions and could cause you to be liable for damages to our or Provider’s business and reputation resulting from your failure.
As between us and the Provider, we provide customer support to you for the operation of the Employment Eligibility Service and Provider provides technical support through us. You may contact us for customer or technical support by phone or email. You agree not to contact Provider directly for support issues.
Certain current state laws (and potentially future federal and state laws) might regulate the Processing of Personal Data. "Personal Data" means any data or set of information provided through the Employment Eligibility Service that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, consumer, household, or device. "Process" means perform any manual or automated operation or set of operations performed on Personal Data. Operations include collecting, recording, organizing, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating, combining, blocking, erasing, or destroying Personal Data.
You and we state that you and we (respectively) believe that state data protection laws are generally pre-empted by the federal I-9 Form and E-Verify laws and regulations, which require employers to verify an individual’s right to work in the United States. Nonetheless, you and we are entering into these data processing terms set forth in this section in an abundance of caution in order to comply with state data protection laws to the extent that they apply to the Processing related to the Employment Eligibility Service. This section is not an admission by either you or us that state data protection laws actually apply to that Processing.
You instruct us and Provider to Process Personal Data in accordance with all applicable federal I-9 Form and E-Verify laws and regulations, the MOU, and these terms and conditions. You further instruct us to transfer Personal Data to Provider for Processing. You acknowledge that Personal Data will be stored on servers maintained by Provider.
We agree to Process Personal Data that you share with or transmit to us only as you direct or as described herein. Without limiting the foregoing, we state that we have entered into an agreement with Provider that requires Provider:
You agree, during the term of this Agreement and for 2 years thereafter, not to: (i) directly or indirectly build product or service competitive with the Employment Eligibility Service using confidential information of us or Provider; or (ii) directly or indirectly contact, solicit, or enter into any transaction with any vendor, service provider, contractor or supplier in an effort to replicate or otherwise use constituent elements of the Employment Eligibility Service or which are part of confidential information or intellectual property of Provider.
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.
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.
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.
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.
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.
This section applies only 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.
This applies only 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.
This section applies only 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 email@example.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.
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.
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. If you have valid 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.
To start the process, you must contact firstname.lastname@example.org. We are normally able to review requests for tax-exempt status the same business day. Upon approval, we will retain the completed documentation 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 contact email@example.com immediately to start the process of updating our records.
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.
By providing us any information about a Subject, you confirm that you have the right to disclose that information, that we may use and further disclose it without any limitations (except as limited by section 5.7), and that the information is accurate, complete, and up-to-date.
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 customer services group using the contact information on our website.
We may change or discontinue our services without warning or notice, for any reason. We need not explain that reason to you.
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 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.)
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, End-user Purpose, and (if applicable) Procedure you certified.
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 Data, view Data, 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 Data, 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 Data you ordered before we close your account continue indefinitely after we close your account.
You may close your account with us by sending an email to firstname.lastname@example.org 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 Data, 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 Data you ordered before you close your account continue indefinitely after you close your account.
This section 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.
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 Subject has in that information. You agree to use reasonable and appropriate administrative, technical, and physical security procedures to protect against (a) reasonably foreseeable threats and hazards to the confidentiality of that information and (b) unauthorized access to, use of, control over, or disclosure of 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 Data to those of your personnel who need to know that Data. You agree to ensure that any of your computers from which a person could order or access Data are in a secure location and are locked or turned off when unattended by those personnel. You agree to secure all stored copies (whether printed or electronic) of any Data. You agree not to store any Data except to the extent required for you to use the Data as this agreement permits. You agree to protect your account names and passwords so that only your authorized personnel know them. You are responsible for all activity under such account names and passwords including use of any services we provide directly or through our Suppliers. 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.
You agree to notify us immediately if you have reason to believe that anyone has (a) gotten unauthorized access to, use of, control over, or disclosure of 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) or (b) used your account, username, or password without your authorization. You agree to use reasonable efforts to stop the unauthorized activity, reasonably cooperate with us (and our Suppliers) in mitigating any resulting damage, including by allowing us (or our Suppliers) to initiate or participate in an investigation into the causes of the event and, upon our request, providing a written root-cause analysis of the event, a written plan to minimize the impact of the event, and a written plan to avoid recurrence of the event.
To use our website or our services, you must have one of the three most recent major releases of a major web browser (Chrome, Safari, Firefox, or Edge, as of January 2022) 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.
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.
We and our Suppliers do not grant you ownership of any intellectual property rights. You do not grant us or our Suppliers ownership of any intellectual property rights. We do not claim any ownership of or intellectual property rights in any I-9 Form (which is a publication of the United States government), whether completed or not.
We grant you a non-exclusive, worldwide, royalty-free, permanent license under our copyrights in each Report and in each I-9 Form that we provide you and each form that we collect or provide on your behalf to copy, print, and distribute the Report and each I-9 Form in any way not prohibited by this agreement or applicable law. We further grant you the non-exclusive right and license to use Employment Eligibility Service you have purchased for your internal business operations only. You agree not to modify or create derivative works based upon our (or the Provider's) website or the Employment Eligibility Service any content in them. You agree not to mirror or frame any content on our (or the Provider's) website or the Employment Eligibility Service. You agree not to translate, reverse engineer, decompile or disassemble any software in or accessed through our (or the Provider's) website including the Employment Eligibility Service. We grant you a non-exclusive, worldwide, royalty-free license under our licenses or 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:
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, the Employment Eligibility Service and other systems work (but excluding our Report, which section 4.3 covers, and any I-9 Forms). 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. You agree to ensure that any person to whom you disclose any of this information does not use it in any manner that we do not expressly permit you to use it.
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 obtained the information from those records. We are not saying that the information from 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 that we provide you. We are not saying that the information is true. For example, information from a reference can be incorrect.
Our services have important limitations in scope. You agree to fully educate yourself about the limitations on our services before ordering them. Among other things, our services are limited as follows:
We and our Suppliers make no warranties, express or implied. Without limiting the foregoing general disclaimer, we, for ourselves and our Suppliers, disclaim all warranties (a) of merchantability, fitness for a particular purpose, non-infringement, workmanlike performance, reasonable care, and accuracy; (b) that arise from course of dealing, course of performance, usage of trade, or provision of a sample; or (c) that our performance or anything that we or our Suppliers provide is free of errors or operates without interruption. 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. You confirm that you are not entering this agreement on the basis of any warranty outside of this agreement or on the basis of any warranty that this section attempts to disclaim.
You acknowledge that:
The terms "Indemnify" and "Associate" and "Claim" are defined below.
The term "Associate" is defined in section 1.10. You agree to Indemnify us and each Associates 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 also causes the Claim.
Even if any exclusive remedy fails of its essential purpose, we and our Suppliers are not liable for:
The law of the state of Delaware and US federal law as applied in Delaware (together, the "Selected Law") govern all matters related to this agreement. The matters that the Selected Law govern include (a) the interpretation, construction, and application of this agreement, (b) the determination of what, if any, terms are implied in this agreement, (c) claims related to this agreement, (d) defenses (including the statutes of limitations, repose, and fraud and including equitable defenses) to claims related to this agreement, (e) determinations of the scope and validity of this section, and (f) the allocation of burdens of pleading, production, and proof where those allocations are specific to a substantive claim, but not where those allocations arise from the procedural posture of a claim. This section does not determine what law governs procedures of any forum hearing any claim (such as rules of civil procedure). Any choice-of-law rules that would select any governing law other than the Selected Law for any matter where this section selects the Selected Law do not govern this agreement. The United Nations Convention on the International Sale of Goods does not govern this agreement, even if the Selected Law would otherwise apply it.Section 9.8 Where may either you or we sue the other?
You consent to the courts for Davidson County, Tennessee, USA (the "Selected Forum") handling any dispute that is between you and us or any of our Associates and is related 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 personal jurisdiction of and venue in the state courts (and, if federal jurisdiction applies, federal courts) for the Selected Forum, and you waive any assertion that the Selected Forum, is an inconvenient forum. If you file a lawsuit in any court other than the Selected Forum, you agree not to oppose a motion either to transfer to the Selected Forum if permitted by the procedures of the court of filing or to dismiss the lawsuit if not. In the case of a dismissal on such a motion, you hereby waive the tolling of any applicable statutes of limitations or repose while the dismissed lawsuit was pending.
The phrase "related to this agreement" means related to one or more of the following: this agreement; the relationship that led to and results from this agreement; any discussions preceding negotiation of this agreement; or the negotiation, entry, performance, modification, or termination of this agreement. Regardless of whether a claim is in tort, contract, or otherwise, a claim is "related to this agreement" if any of the following conditions are true:
If any part of this agreement or how it applies to any situation is legally unenforceable, then:
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. You acknowledge that we would not enter into this agreement without the provisions of this article, because they help us limit our potential liability. 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.
You and we are independent contractors. Nothing contained in this agreement creates a joint venture, partnership, 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). Certain Report Certifications may appointment of either you or us as an agent; the scope of that agency is limited to the scope stated in the Report Certifications. Neither we nor you have any authority of any kind to bind the other.
By ordering or receiving a Report for a Resale Intent of No Resale, you certify the following, with any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service:
By ordering or receiving a Report for a Resale Intent of CRA Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.
By ordering or receiving a Report for a Resale Intent of Conduit Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.
By ordering or receiving a Report for a Resale Intent of Non-CRA Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.
By ordering or receiving a Report from us for an End-user Purpose of Employment-Related Screening, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Trucking, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report from us for an End-user Purpose of Volunteer Screening , you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Tenant Screening, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Non-Tenant Credit, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Insurance Underwriting, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Government License or Benefit, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Other Consumer-Initiated Transaction, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Other Written Consent, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Employee Misconduct Investigation, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:
By ordering or receiving a Report for an End-user Purpose of Non-FCRA, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent: