This Customer Agreement (together with the Registration Form, this ("Agreement") is entered into by and between AssureHire, a California corporation with mailing address at 2206 Plaza Drive Suite 100 Rocklin, CA 95765 ("Company") and {{account_name}} ("Customer").
By clicking on "Agree", the individual doing so hereby represents and warrants that he/she is authorized by Customer to bind Customer to this Agreement. Please read this Agreement carefully and only click on "agree" if you agree that CUSTOMER shall be bound by all of its terms and conditions.
1. DEFINITIONS
1.1 "API" means the Platform's application programming interface through which Background Information can be submitted to the Platform directly through a mobile device software application which is configured in accordance with the API Documentation.
1.2 "API Documentation" means documentation (including any sample code) made available by Company relating to integration with and use of the API.
1.3 "App" means a mobile device software application owned and published by Customer.
1.4 "Applicant" means an individual who submits Background Information to the Platform in connection with an application for employment or engagement as an independent contractor by Customer, whether through an App or otherwise.
1.5 "Background Check" means the production of a Report.
1.6 "Background Information" means the personal information required to be submitted to the Platform in order for the Platform to conduct a Background Check on the applicable individual.
1.7 "Effective Date" means the start date set forth on the Registration Form.
1.8 "Customers" means Customer's individual personnel that use the Platform.
1.9 "FCRA" means the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
1.10 "Initial Term" shall mean the time period beginning on the date the Registration Form is received by Company and ending on the one (1) year anniversary thereof.
1.11 "Intellectual Property Rights" means all forms of proprietary rights, titles, interests, and ownership relating to patents, copyrights, trademarks, trade dresses, trade secrets, know-how, mask works, droit moral (moral rights), and all similar rights of every type that may exist now or in the future in any jurisdiction, including without limitation all applications and registrations therefore and rights to apply for any of the foregoing.
1.12 "Law" means laws, rules and regulations of any kind, whether federal, state or local.
1.13 "Platform" means the job applicant background checking platform hosted and made available by Company as a software-as-a-service called "AssureHire". References to "Platform" herein shall include the API and shall (to the extent applicable) be deemed to refer to the specific version of the Platform selected by Customer in the Registration Form.
1.14 "Platform Pricing Plan" means the Platform pricing plan selected by Customer on the Registration Form.
1.15 "Registration Form" means the online form being submitted in connection with entry into this Agreement which identifies Customer and the Platform Pricing Plan selected by Customer.
1.16 "Report" means a consumer report or investigative consumer report (in each case as defined under the FCRA) provided to Customer through the Platform.
2. PLATFORM
2.1 Use of Platform. Subject to all terms and conditions of this Agreement, Customer shall have the right to access and use the Platform solely: (i) for Customer's own use for permissible purposes under applicable law of conducting Background Checks for Applicants; (ii) in the manner enabled by Company and in accordance with all applicable Company documentation; and (iii) in accordance with all applicable laws, rules and regulations (including without limitation the FCRA), and any reasonable rules or guidelines that Company may provide. Company reserves the right to modify and update the features and functionality of the Platform from time to time in its sole discretion. Customer is solely responsible for purchasing and configuring all hardware, software and services that may be necessary or desirable for Customer's use of the Platform. Customer agrees to comply with all applicable laws, rules and regulations in connection with Customer's use of the Platform, including without limitation laws relating to non-discrimination in employment, wage and hour laws and all other employment and labor laws. Customer is permitted to request Reports for employment purposes via Company's Platform on its website. In addition to all other obligations, Customer agrees to abide by such additional conditions that may be imposed to utilize the website, provide all required certifications electronically, to maintain complete and accurate files containing all required consent, authorization and disclosure forms with regard to each consumer for whom a report has been requested, and maintain strict security procedures and controls to assure that its personnel are not able to use Customer's Internet access to obtain reports for improper, illegal or unauthorized purposes. Customer agrees to allow Company to audit its records at any time, upon reasonable notice given. Breaches of this Agreement and/or violations of applicable law discovered by Company may result in immediate suspension and/or termination of the account, legal action and/or referral to federal or state regulatory agencies.
2.2 Customer's Certification of Fair Credit Reporting Act (FCRA) Permissible Purpose(s). Customer hereby certifies that all of its orders for Reports from COMPANY shall be made, and the resulting reports shall be used, for the following Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., permissible purposes only:
2.3 API Documentation. Subject to all terms and conditions of this Agreement, Customer shall have the right to internally reproduce and use the API Documentation for purposes of integrating one or more Apps with the API in order to facilitate Customer's authorized use of the Platform hereunder. Customer acknowledges that use of the API shall be subject to such limitations as are applicable to the Platform Pricing Plan and that Company may change such limitations from time to time upon reasonable prior written notice, provided that such changes are applied generally to other similarly situated Platform customers. Customer represents and warrants to Company that it has all right, title, and interest in and to the Apps in connection with which it uses the API that is necessary for such use.
2.4 Restrictions. Customer acknowledges that use of the Platform is provided only for Customer's own use in direct relation to Customer's own hiring needs, and agrees not to use the Platform for the benefit of any third party. Customer agrees not to, not to attempt to, nor allow any third party to: (i) copy, distribute, rent, lease, lend, sublicense or transfer the Platform, make the Platform available to any third party or use the Platform on a service bureau or time sharing basis, (ii) decompile, reverse engineer, or disassemble the Platform or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Platform, (iii) create derivative works based on the Platform; (iv) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Platform or during the use and operation thereof; (v) publicly disseminate performance information or analysis (including benchmarks) relating to the Platform; or (vi) use the Platform to develop a competitive product offering. Customer may not use any automated means, including agents, robots, scripts, or spiders, to access or manage the Platform, except solely to the extent as may be specifically enabled and authorized by the Company through the API and API Documentation.
2.5 Customer's Certification of Legal Compliance.
A. Customer Certifications
Customer certifies to Company that the Reports it receives will not be used in violation of any applicable federal, state or local laws, including, but not limited to the Fair Credit Reporting Act and Title VII of the Civil Rights Act of 1964. Customer accepts full responsibility for complying with all such laws and for using the Reports it receives from Company in a legally acceptable fashion. To that end, Customer agrees to comply with and provide all statutorily required notices in the Fair Credit Reporting Act or other state laws when using Reports. Customer further accepts full responsibility for any and all consequences of use and/or dissemination of those products. Customer further agrees that each consumer report will only be used for a one-time use.
Customer agrees to have reasonable procedures for the fair and equitable use of background information and to secure the confidentiality of private information. Customer agrees to take precautionary measures to protect the security and dissemination of all consumer report or investigative consumer report information including, for example, restricting terminal access, utilizing passwords to restrict access to terminal devices, and securing access to, dissemination and destruction of electronic and hard copy reports. Customer agrees to abide by Addendum A attached hereto which is incorporated into and is part of this Agreement.
As a condition of entering into this Agreement, Customer certifies that it has in place reasonable procedures designed to comply with all applicable local, state and federal laws. Company does not, and cannot, provide legal advice to Customer in any way, however seeking legal counsel to ensure that policies and procedures relevant to the use of information provided by Company are compliant with applicable state and federal laws is strongly recommended. Company also recommends that Customer seek guidance from legal counsel when developing and implementing a compliant adverse action policy.
Customer hereby acknowledges that it has received a copy of the Summary of Rights (16 C.F.R. Part 601, Exhibit A), Remedying the Effects of Identity Theft Exhibit B) and Notice to Users of Consumer Reports (16 C.F.R. Part 601, Exhibit C).
Customer hereby certifies that, under the Investigative Consumer Reporting Agencies Act ("ICRA"), California Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act ("CCRAA"), California Civil Code Sections 1785.1 et seq., if the Customer is located in the State of California, and/or the Customer's request for and/or use of Reports pertains to a California resident or worker, Customer will do the following:
(i) Request and use Reports solely for permissible purpose(s) identified under California Civil Code Sections 1785.11 and 1786.12.
(ii) When, at any time, Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the investigation, provide a clear and conspicuous disclosure in writing to the consumer, which solely discloses: (1) that an investigative Reports may be obtained; (2) the permissible purpose of the investigative Reports; (3) that information on the consumer's character, general reputation, personal characteristics and mode of living may be disclosed; and (4) the name, address, telephone number, and website of the Consumer Reporting Agency conducting the investigation; and (5) the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code Section 1786.22.
(iii) When, at any time, Reports are sought for employment purposes other than suspicion of wrongdoing or misconduct by the consumer who is the subject of the investigation, only request an Information Product if the applicable consumer has authorized in writing the procurement of the Information Product.
(iv) Provide the consumer a means by which he/she may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Reports that are prepared.
(v) If the consumer wishes to receive a copy of the Reports, the Customer shall send (or contract with another entity to send) a copy of the Information Product to the consumer within three business days of the date that the Information Product is provided to Customer. The copy of the Information Product shall contain the name, address, and telephone number of the person at Customer who issued the report and how to contact him/her.
(vi) Under all applicable circumstances, comply with California Civil Code Sections 1785.20 and 1786.40 if the taking of adverse action is a consideration, which shall include, but may not be limited to, advising the consumer against whom an adverse action has been taken that the adverse action was based in whole or in part upon information contained in the Information Product, informing the consumer in writing of Customer's name, address, and telephone number, and provide the consumer of a written notice of his/her rights under the ICRA and the CCRAA.
(vii) Comply with all other requirements under applicable California law, including, but, not limited to any statutes, regulations and rules governing the procurement, use and/or disclosure of any Reports, including, but not limited to, the ICRA and CCRAA.
B. When Reports are Used for Employment Purposes
If the Reports Customer obtains from Company are to be used for an employment purpose, Customer certifies that in every case prior to obtaining or causing a "consumer report" and/or "investigative consumer report" to be obtained, a clear and conspicuous disclosure, in a document consisting solely of the disclosure, has been made in writing to the consumer explaining that a consumer report and/or investigative consumer report may be obtained for employment purposes. Such disclosure satisfies all requirements identified of the FCRA, as well as any applicable state or local laws and the consumer has authorized, in writing, the obtaining of the Report by Customer.
If the consumer is denied employment, or other adverse employment action is taken based in whole or in part on the Report provided by Company, Customer will provide to the consumer: (1) a copy of the Report, and (2) a description, in writing, of the rights of the consumer entitled: "A Summary of Your Rights Under the Fair Credit Reporting Act" and any applicable state law rights. After the appropriate waiting period, Customer will issue to the consumer notice of the adverse action taken, including the statutorily required notices identified in Section 615 of the Fair Credit Reporting Act.
C. International Criminal Record Searches
Customer understands that searches of international background screening will be conducted through the services of a third-party independent contractor. Because of differences in foreign laws, language, and the manner in which foreign records are maintained and reported, Company cannot be either an insurer or a guarantor of the accuracy of the information reported. Customer therefore releases Company and its affiliated companies, officers, agents, employees, and independent contractors from any liability whatsoever in connection with erroneous information received as a result of an international background screening report.
D. National/Multi-State Database Searches
Company recommends that Customer screen its applicants or employees at the county court-house or online system, federal, and multi-state/nationwide database levels. Customer understands that if it chooses not to conduct searches at these levels, Company cannot be held responsible for any records that exist that are not included in the Customer's coverage requested. Customer further understands that the multi-state/nationwide database report will only be offered in conjunction with a county-level verification of any records found and that Customer will bear any additional costs associated with this verification.
E. Additional Requirements for Moving Violation Reports (MVRs) and Driving Records
Customer hereby certifies that Moving Violation Reports and/or Driving Records (MVRs) shall only be ordered in strict compliance with the Driver Privacy Protection Act ("DPPA", at 18 U.S.C. § 2721 et seq.) and any related state laws. Customer further certifies that no MVRs shall be ordered without first obtaining the written consent of the consumer to obtain "driving records," evidence of which shall be transmitted to Company in the form of the consumer's signed release authorization form. Customer also certifies that it will use this information only in the normal course of business to obtain lawful information relating to the holder of a commercial driver's license or to verify information provided by an applicant or employee. Customer shall not transmit any data contained in the resulting MVR via the public internet, electronic mail or any other unsecured means.
2.6 Suspension/Termination. Without limiting the generality of Section 6.2, Company may suspend, limit or terminate Customer's access to or use of the Platform and/or terminate this Agreement at any time if: (i) Customer does not timely pay all Fees due hereunder; (ii) in the sole discretion of Company, such action is necessary to prevent material errors or harm to any system or network, or to limit Company's liability; or (iii) Customer attempts to access or use the Platform in an unauthorized manner, including without limitation any attempt to gain access to data or information relating to any other customers of the Platform or any use that violates any Law.
2.7 Accounts. Customer is responsible for the activities of any and all persons accessing the Platform using any username and password issued to Customer. Customer shall use, and shall instruct its Customers to use, all reasonable means to secure usernames and passwords, and shall promptly notify Company if it suspects that any username and password has been compromised.
2.8 Support. Provided that Customer timely pays all Fees due hereunder, Company shall provide during the Term reasonable technical support to Customer regarding the use of the Platform during Company's normal business hours via e-mail sent to support@assurehire.com.While Company shall use commercially reasonable efforts to ensure the ongoing availability of the Platform, Company makes no representation, warranty or guarantee regarding the continuous availability or performance of the Platform. Customer acknowledges that the Platform may be unavailable for use from time to time without notice to Customer.
3. DATA
3.3 Applicant Data. Customer acknowledges and agrees that Company has no obligation to monitor or edit the Applicant Data, and that as between the parties Customer is solely responsible for the completeness and accuracy thereof. Company shall (itself and through its third party service providers) use Applicant Data provided to the Platform hereunder for purposes of conducting Background Checks and producing Reports for Customer. Customer acknowledges that: (i) the Platform uses the Internet for data transfer and Internet-connected servers to store Applicant Data; (ii) while Company uses commercially reasonable security measures with respect to such servers, no security measures are 100% effective, and (iii) that Internet communications have inherent insecurities. As such, Company cannot make any representation or warranty that the security of the Applicant Data will not be compromised.
3.4 Usage Data. As between the parties, Company shall own all right, title and interest in and to all data collected by Company in connection with the operation of the Platform and Customer's use thereof ("Usage Data"). Usage Data may include, by way of example and not limitation, when and how often Customers use the Platform and which Platform features are used the most often. Usage Data does not include Applicant Data. Company will not disclose Usage Data to any third party in a manner that identifies Customer or any Customer without Customer's consent other than (i) disclosure to the Company's third party service providers who use it for the benefit of Company and subject to reasonable confidentiality terms; or (ii) as may be required by law or legal process.
3.5 Data Source Requirements. Details of data source requirements are available as an addendum to this document.
4. ECONOMIC TERMS
4.3 Fees. Customer shall pay Company the Fees for Customer's use of the Platform and procurement of Reports in accordance with the Platform Pricing Plan.
4.4 Payment Terms. Company shall invoice Customer for Fees on a calendar monthly basis, with each invoice provided on or after the end of each month and covering Fees accruing during such month. Customer agrees to pay each invoice within thirty (30) days of the invoice date. All payments will be made in U.S. dollars. Any amounts due to Company under this Agreement not received by the date due will be subject to a late fee of 1.5% per month, or the maximum charge permitted by law, whichever is less. Customer shall pay the amounts due under each invoice without deducting any taxes that may be applicable to such payments. Customer is responsible for paying any and all withholding, sales, value added or other taxes, duties or charges applicable to this Agreement, other than taxes based on Company's income.
4.5 Pricing increases. Company reserves the right to adjust or increase Customer pricing, pending 30 day notice to Customer
4.6 Access Fees. Company reserves the right to adjust or increase state access fees at any time without notice.
5. OWNERSHIP
As between the parties, Company owns all right, title and interest (including all Intellectual Property Rights) in and to the Platform (including without limitation all underlying source code, algorithms and models) and any software, technology, materials and information owned by Company prior to the Effective Date or created, authored, developed, made, conceived or reduced to practice by Company after the Effective Date. Nothing herein shall be construed to transfer any rights, title or ownership of the Platform or any Company software, technology, materials, information or Intellectual Property Rights to Customer. Customer is not required to provide any ideas, feedback or suggestions regarding any of Company's products or services ("Feedback") to Company. To the extent Customer does provide any Feedback to Company, Customer agrees to assign and hereby does assign all right, title and interest in and to such Feedback to Company and acknowledges that Company may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other compensation to Customer.
6. TERM; TERMINATION
6.1 Term. This Agreement shall be effective as of the Effective Date, and shall continue in full force and effect for the Initial Term. At the end of the Term, this Agreement shall automatically renew for successive periods of one year each unless either party gives the other party written notice of non-renewal at least thirty (30) days prior to the renewal date (such renewal periods and the Initial Term, collectively the "Term"). The Fees due hereunder shall automatically adjust for each renewal period in accordance with Company's then-standard price list for the Platform at the time of the renewal.
6.2 Termination.
(a) Either party may terminate this Agreement effective immediately if the other party is in material breach of any obligation, representation or warranty hereunder and fails to cure such material breach (if capable of cure) within thirty (30) days (or ten (10) days in the event of breach of payment obligations) after receiving written notice of the breach from the non-breaching party.
(b) Either party may terminate this Agreement immediately upon written notice at any time if: (i) the other party files a petition for bankruptcy or is adjudicated as bankrupt; (ii) a petition in bankruptcy is filed against the other party and such petition is not removed or resolved within sixty (60) calendar days; (iii) the other party makes an assignment for the benefit of its creditors or an arrangement for its creditors pursuant to bankruptcy law; (iv) the other party discontinues its business; (v) a receiver is appointed over all or substantially all of the other party's assets or business; or (vi) the other party is dissolved or liquidated.
6.3 Effect of Termination. All rights and obligations of the parties hereunder shall terminate upon expiration or termination of this Agreement, provided that Sections 1, 2.3, 2.4, 2.6, 3, 4 (with respect to accrued but unpaid amounts hereunder), 5, 6.3, 7, 8, 9, 10 and 11 shall survive expiration or termination of this Agreement.
7. REPRESENTATIONS AND WARRANTIES
7.1 Mutual. Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement; and (ii) this Agreement constitutes a legal, valid and binding obligation when executed and delivered.
7.2 Disclaimer. Customer understands that Company obtains the information reported in its Reports from various third party sources "AS IS", and therefore is providing the information to Customer "AS IS". Company makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any Reports that the Reports will meet Customer's needs, or will be provided on an uninterrupted basis; Company expressly disclaims any and all such representations and warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, AND COMPANY EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. Company and ITS SUPPLIERS, LICENSORS, PARTNERS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONALITY PROVIDED BY THE PLATFORM WILL BE CORRECT, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Company DOES NOT WARRANT THE RESULTS OF USE OF THE PLATFORM.
8. INDEMNIFICATION
Customer agrees to, at its own expense, defend, indemnify and hold harmless Company and its directors, officers and employees from and against any liabilities, damages, losses, judgments, costs, expenses (including reasonable attorneys' fees), claims, actions, demands and suits arising out of or relating to any actual or alleged: (i) breach by Customer of any covenant, representation or warranty of this Agreement; or (ii) violation of any Law.
9. CONFIDENTIALITY
Each party shall keep confidential all information and materials provided or made available by the other party that is marked as confidential or proprietary or (for orally disclosed information) is identified as confidential or proprietary at the time of disclosure and confirmed in writing (including e-mail) as such within fifteen (15) days of the disclosure ("Confidential Information"). The features, functionality and content of the Platform, the API Documentation and any other Platform documentation, and any information regarding planned modifications or updates to the Platform or other Company products and services constitutes Confidential Information of Company. Each party shall keep and instruct its employees and agents to keep Confidential Information confidential by using at least the same care and discretion as used with that party's own confidential information, but in no case less than a prudent and reasonable standard of care. Neither party shall disclose Confidential Information to any third party except as expressly authorized by the disclosing party. Neither party shall use Confidential Information other than for purposes of performing its obligations hereunder or as expressly authorized by the disclosing party. Information or materials shall not constitute Confidential Information if it is: (i) in the public domain through no fault of the receiving party, (ii) known to the receiving party prior to the time of disclosure by the disclosing party, (iii) lawfully and rightfully disclosed to the receiving party by a third party on a non-confidential basis, (iv) developed by the receiving party without reference to Confidential Information or (v) required to be disclosed by law or legal process, provided that the receiving party promptly provide notice to the disclosing party of such request or requirement so the disclosing party may seek appropriate protective orders. If any party, its employees or agents breaches or threatens to breach the obligations of this Section 9, the affected party may seek injunctive relief from a court of competent jurisdiction, in addition to its other remedies, as the inadequacy of monetary damages and irreparable harm are acknowledged.
10. LIMITATION OF LIABILITY
COMPANY SHALL NOT BE LIABLE TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, AND CUSTOMER HEREBY RELEASES COMPANY FROM ANY LIABILITY FOR ANY PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST BUSINESS, REVENUE, INCOME OR PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, EQUITY, TORT OR OTHERWISE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL COMPANY'S AGGREGATE LIABILITY AND DAMAGES IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO COMPANY DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. RECOVERY OF THIS AMOUNT IS CUSTOMER'S SOLE AND EXCLUSIVE REMEDY HEREUNDER THE PARTIES AGREe THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION 10 CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.
11. MISCELLANEOUS
11.1 Relationship of the Parties. The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. Neither party shall represent to third parties that it is the employer, employee, principal, agent, joint venturer or partner with, or representative of the other party and no party shall have any right to obligate or bind any other party in any manner whatsoever.
11.2 Third Party Beneficiaries. Nothing herein shall give, or is intended to give, any rights of any kind to any third parties.
11.3 Assignment. Customer may not assign any of its rights or obligations under this Agreement without the prior written consent of Company. Any merger (by operation of law or otherwise), consolidation, reorganization, change in control or sale of all or substantially all of the assets of Customer or similar transaction shall be deemed to constitute an attempted assignment of this Agreement. Company may freely assign this Agreement. Subject to the foregoing, this Agreement inures to the benefit of and shall be binding on the parties' permitted assignees, transferees and successors.
11.4 Force Majeure. Company will not be responsible for any failure or delay in its performance under this Agreement due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, internet or telecommunications failures, shortages of or inability to obtain labor, energy, or supplies, war, terrorism, riot, acts of God or governmental action, acts by hackers or other malicious third parties and problems with the Internet generally, and such performance shall be excused to the extent that it is prevented or delayed by reason of any of the foregoing.
11.5 Notices. All notices under the terms of this Agreement shall be given in writing and sent by registered or certified mail, with postage prepaid and return receipt requested, to (with respect to Company) the Company address noted in the preamble of this Agreement and (with respect to Customer) to Customer's address set forth in the Registration Form. Notices shall be sent to the attention of the "Legal Department" of each party. All notices shall be presumed to have been given three business days following deposit in the mail as set forth in the foregoing.
11.6 Amendments. An amendment of this Agreement shall be binding upon the parties so long as it is in writing and executed by both parties or is presented by Company electronically through the Platform and accepted in "click-to-agree" form by Customer. No regular practice or method of dealing between the parties shall modify, interpret, supplement or alter in any manner the express terms of this Agreement.
11.7 Construction. Section headings are for reference purposes only, and should not be used in the interpretation hereof.
11.8 Severability; Wavier; Counterparts. If any provision, or portion thereof, of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination will not impair or affect the validity, legality, or enforceability of the remaining provisions of this Agreement, and each provision, or portion thereof, is hereby declared to be separate, severable, and distinct. A waiver of any provision of this Agreement will only be valid if provided in writing and will only be applicable to the specific incident and occurrence so waived. The failure by either party to insist upon the strict performance of this Agreement, or to exercise any term hereof, will not act as a waiver of any right, promise or term, which will continue in full force and effect.
11.9 Governing Law; Jurisdiction. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without reference to conflicts of laws principles. The parties agree that the state and federal courts in San Francisco, California will have exclusive jurisdiction and venue under this Agreement, and the parties hereby agree to submit to such jurisdiction exclusively.
11.10 Entire Agreement. This Agreement, inclusive of the Registration Form, constitutes the complete, final and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral or written representations, understandings, agreements or communications between them concerning the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.
Para informacion en espanol, visite https://www.consumerfinance.gov/learnmore o escribe a la
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major
rights under the FCRA. For more information, including information about additional rights, go
to www.consumerfinance.gov/learnmore or write to:
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
You must be told if information in your file has been used against you. Anyone who uses
a credit report or another type of consumer report to deny your application for credit,
insurance, or employment – or to take another adverse action against you – must tell you, and
must give you the name, address, and phone number of the agency that provided the
information.
You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your “file disclosure”).
You will be required to provide proper identification, which may include your Social Security
number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:
a person has taken adverse action against you because of information in your credit report;
you are the victim of identify theft and place a fraud alert in your file;
your file contains inaccurate information as a result of fraud;
you are on public assistance;
you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide
credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore
for additional information.
You have the right to ask for a credit score. Credit scores are numerical summaries of your
credit-worthiness based on information from credit bureaus. You may request a credit score
from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer reporting
agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore
for an explanation of dispute procedures.
Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency may
continue to report information it has verified as accurate.
Consumer reporting agencies may not report outdated negative information. In most
cases, a consumer reporting agency may not report negative information that is more than
seven years old, or bankruptcies that are more than 10 years old.
Access to your file is limited. A consumer reporting agency may provide information about
you only to people with a valid need -- usually to consider an application with a creditor,
insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for
access.
You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally is
not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
You may limit “prescreened” offers of credit and insurance you get based on information
in your credit report. Unsolicited “prescreened” offers for credit and insurance must include
a toll-free phone number you can call if you choose to remove your name and address from the
lists these offers are based on. You may opt-out with the nationwide credit bureaus at
1-888-5-OPTOUT (1-888-567-8688).
You may seek damages from violators. If a consumer reporting agency, or, in some cases, a
user of consumer reports or a furnisher of information to a consumer reporting agency violates
the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.consumerfinance.gov/learnmore.
Consumers Have the Right To Obtain a Security Freeze.
You have a right to place a security freeze on your credit
report, which will prohibit a consumer reporting agency from releasing
information in your credit report without your express authorization.
The security freeze is designed to prevent credit, loans, and services
from being approved in your name without your consent. However, you
should be aware that using a security freeze to take control over who
gets access to the personal and financial information in your credit
report may delay, interfere with, or prohibit the timely approval of
any subsequent request or application you make regarding a new loan,
credit, mortgage, or any other account involving the extension of
credit.
As an alternative to a security freeze, you have the right to
place an initial or extended fraud alert on your credit file at no
cost. An initial fraud alert is a 1-year alert that is placed on a
consumer's credit file. Upon seeing a fraud alert display on a
consumer's credit file, a business is required to take steps to verify
the consumer's identity before extending new credit. If you are a
victim of identity theft, you are entitled to an extended fraud alert,
which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its
affiliates, or collection agencies acting on behalf of the person or
entity, with which you have an existing account that requests
information in your credit report for the purposes of reviewing or
collecting the account. Reviewing the account includes activities
related to account maintenance, monitoring, credit line increases, and
account upgrades and enhancements.
States may enforce the FCRA, and many states have their own consumer reporting laws. In
some cases, you may have more rights under state law. For more information, contact your
state or local consumer protection agency or your state Attorney General. Federal enforcers
are:
TYPE OF BUSINESS:
CONTACT:
1.a. Banks, savings associations, and credit unions with total assets of over $10 billion and their affiliates
a. Bureau of Consumer Financial Protection
1700 G Street NW
Washington, DC 20552
b. Such affiliates that are not banks, savings associations, or credit unions also should list, in addition to the CFPB:
b. Federal Trade Commission: Consumer Response Center – FCRA
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above:
a. National banks, federal savings associations, and federal branches and federal agencies of foreign banks
a. Office of the Comptroller of the Currency Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
b. State member banks, branches and agencies of foreign banks (other than federal branches, federal agencies, and Insured State Branches of Foreign Banks), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act
b. Federal Reserve Consumer Help Center
P.O. Box. 1200
Minneapolis, MN 55480
c. Nonmember Insured Banks, Insured State Branches of Foreign Banks, and insured state savings associations
c. FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106
d. Federal Credit Unions
d. National Credit Union Administration Office of Consumer Protection (OCP) Division of Consumer Compliance and Outreach (DCCO)
1775 Duke Street
Alexandria, VA 22314
3. Air Carriers
Asst. General Counsel for Aviation Enforcement & Proceedings Aviation Consumer Protection Division Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, DC 20590
4. Creditors Subject to Surface Transportation Board
Office of Proceedings, Surface Transportation Board
Department of Transportation
395 E Street, SW
Washington, DC 20423
5. Creditors Subject to Packers and Stockyards Act
Nearest Packers and Stockyards Administration area supervisor
6. Small Business Investment Companies
Associate Deputy Administrator for Capital Access
United States Small Business Administration
409 Third Street, SW, 8th Floor
Washington, DC 20416
7. Brokers and Dealers
Securities and Exchange Commission
100 F St NE
Washington, DC 20549
8. Federal Land Banks, Federal Land Bank Associations, Federal Intermediate Credit Banks, and Production Credit Associations
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors Not Listed Above
FTC Regional Office for region in which the creditor operates or Federal Trade Commission: Consumer Response Center – FCRA
Washington, DC 20580
(877) 382-4357
EXHIBIT B
REMEDYING THE EFFECTS OF IDENTITY THEFT
Para informacion en espanol, visite www.consumer.gov/idtheft o escribe a la FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., 20580.
Remedying the Effects of Identity Theft
You are receiving this information because you have notified a consumer reporting agency that you believe that you are a victim of identity theft. Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit www.consumer.gov/idtheft or write to: FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., 20580.
The Fair Credit Reporting Act (FCRA) gives you specific rights when you are, or believe that you are, the victim of identity theft. Here is a brief summary of the rights designed to help you recover from identity theft.
You have the right to ask that nationwide consumer reporting agencies place "fraud alerts" in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer reporting agencies. As soon as that agency processes your fraud alert, it will notify the other two, which then also must place fraud alerts in your file. Equifax: 1-800-525-6285; www.equifax.com Experian: 1-888-EXPERIAN (397-3742); www.experian.com TransUnion: 1-800-680-7289; www.transunion.com An initial fraud alert stays in your file for at least 90 days. An extended alert stays in your file for seven years. To place either of these alerts, a consumer reporting agency will require you to provide appropriate proof of your identity, which may include your Social Security number. If you ask for an extended alert, you will have to provide an identity theft report. An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency, and additional information a consumer reporting agency may require you to submit. For more detailed information about the identity theft report, visit www.consumer.gov/idtheft. You have the right to free copies of the information in your file (your "file disclosure"). An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert. These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your
NAPBS Education Committee: Background Screening and Employer Compliance
(As provided by the Federal Trade Commission - 11/19/04 Page 2 of 2)
address. Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has inaccurate information due to fraud, such as identity theft. You also have the ability to obtain additional free file disclosures under other provisions of the FCRA. See www.consumerfinance.gov/learnmore.
3. You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information. A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request. Under certain circumstances, a business can refuse to provide you with these documents. See www.consumer.gov/idtheft.
4. You have the right to obtain information from a debt collector. If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief - like the name of the creditor and the amount of the debt.
If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don't provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection.
You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft. To do so, you must send your request to the address specified by the business that reports the information to the consumer reporting agency. The business will expect you to identify what information you do not want reported and to provide an identity theft report. To learn more about identity theft and how to deal with its consequences, visit www.consumer.gov/idtheft, or write to the FTC. You may have additional rights under state law. For more information, contact your local consumer protection agency or your state attorney general.
In addition to the new rights and procedures to help consumers deal with the effects of identity theft, the FCRA has many other important consumer protections. They are described in more detail at www.consumerfinance.gov/learnmore.
EXHIBIT C
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's website at www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also available at the Bureau's website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are:
As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
As instructed by the consumer in writing. Section 604(a)(2)
For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account. Section 604(a)(3)(A)
For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(i)
To review a consumer's account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
To determine a 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. Section 604(a)(3)(D)
For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA - such as denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer makes a request within 60 days.
A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer's written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty military alert with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in the consumer's alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file. When this occurs, users must comply with regulations specifying the procedures to be followed, which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators.
The Consumer Financial Protection Bureau regulations will be available at www.consumerfinance.gov/learnmore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Consumer Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The Consumer Financial Protection Bureau regulations may be found at www.consumerfinance.gov/learnmore.
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection Bureau.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) ("Notice to the Home Loan Applicant").
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained.
Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of employment.
Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.
Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer's rights (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.)
The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below.
Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed or otherwise delivered, to the consumer no later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment purposes - or in connection with a credit transaction (except as provided in regulations issued by the banking and credit union regulators) - the consumer must provide specific written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or a permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(e), and 614(d). This practice is known as "prescreening" and typically involves obtaining a list of consumers from a CRA who meet certain pre-established criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that will be relied upon to make the offer and grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
Information contained in a consumer's CRA file was used in connection with the transaction.
The consumer received the offer because he or she satisfied the criteria for creditworthiness or insurability used to screen for the offer.
Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.
The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the notification system established by the CRA that provided the report. The statement must include the address and toll-free telephone number of the appropriate notification system.
In addition, the Consumer Financial Protection Bureau has established the format, type size, and manner of the disclosure required by Section 615(d), with which users must comply. The regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
Disclose the identity of the end-user to the source CRA.
Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
the identify of all end-users;
certifications from all users of each purpose for which reports will be used; and
certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
The Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more information about the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1618 et seq.:
Section 603
15 U.S.C. 1681
Section 604
15 U.S.C. 1681a
Section 605
15 U.S.C. 1681b
Section 605A
15 U.S.C. 1681c
Section 605B
15 U.S.C. 1681c-1
Section 606
15 U.S.C. 1681c-2
Section 607
15 U.S.C. 1681d
Section 608
15 U.S.C. 1681e
Section 609
15 U.S.C. 1681f
Section 610
15 U.S.C. 1681g
Section 611
15 U.S.C. 1681h
Section 612
15 U.S.C. 1681i
Section 613
15 U.S.C. 1681j
Section 614
15 U.S.C. 1681k
Section 615
15 U.S.C. 1681l
Section 616
15 U.S.C. 1681m
Section 617
15 U.S.C. 1681n
Section 618
15 U.S.C. 1681o
Section 619
15 U.S.C. 1681p
Section 620
15 U.S.C. 1681q
Section 621
15 U.S.C. 1681r
Section 622
15 U.S.C. 1681s
Section 623
15 U.S.C. 1681s-1
Section 624
15 U.S.C. 1681s-2
Section 625
15 U.S.C. 1681t
Section 626
15 U.S.C. 1681u
Section 627
15 U.S.C. 1681v
Section 628
15 U.S.C. 1681w
Section 629
15 U.S.C. 1681x
15 U.S.C. 1681y
ADDENDUM A
Access Security Requirements
The parties acknowledge they must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer reports. In accessing consumer information, Customer agrees to the following:
1. Customer and all of its personnel will take reasonable procedures to protect its account number and password so that only key personnel employed by your company know this sensitive information, including not posting this information anywhere in the facility. Customer agrees to change account passwords immediately if a person who knows the password leaves its company or no longer needs to have access due to a change in duties.
2. Customer agrees it will not discuss its account number or password by telephone with any unknown caller, even if the caller claims to be an employee of Company
3. Customer will restrict the ability to obtain consumer information to a few key personnel.
4. Customer agrees to place all terminal devices used to obtain consumer information in a secure location within its facility so that unauthorized persons cannot easily access them.
5. Customer agrees it will turn off and lock all devices or systems used to obtain consumer information.
6. Customer will secure hard copies and electronic files of consumer reports within its facility so that unauthorized persons cannot easily access them.
7. Customer agrees to shred and/or destroy all hard copy consumer reports when they are no longer needed and erase and overwrite or scramble electronic files containing consumer information when no longer needed and when applicable regulation(s) permit destruction.
ADDENDUM B
Documents Required Before Requesting Credit Report Information
Before Customer will be allowed to access credit report information, Company requires that Customer provide one (1) of the following (if End-User is not publicly traded):
Business license status from a government web site (please include entire web page print out);
Business license, copy or documented verification;
Documented corporation verification with state or federal government;
Copy of Articles of Incorporation with proof of filing;
State and/or federal tax records originating from the state or federal government;
FDIC Certification; or
501(c)(3) certificate for non-profit originations.
If Customer is a publicly traded company, the following items are acceptable methods for verifying that the Customer is a bona fide entity:
Documentation of ticker symbol information from trading website;
Certified copy of audited annual or quarterly statements submitted to the SEC.
{{account_name}}
AssureHire, Inc
Signature
{{signed_by}}
Signature
Printed Name
{{signed_by}}
Printed Name
Joel Jensen
Title
{{signed_by_title}}
Title
Account Manager
Date
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Date
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ADDENDUM 1.0
ASSUREHIRE PUBLIC RECORDS
DATA SOURCE REQUIREMENTS
GENERAL
I. Data obtained from AssureHire Public Records may not be used to threaten, intimidate, harass, or injure any
individual, including sex offender registrants or family members.
II. Data received from any Sex Offender Registry may not be used for solicitation or fundraising purposes. In
addition, state laws frequently limit the use of such data to specified purposes. Without limiting Licensee’s obligations to
comply with all applicable laws, AssureHire Public Records notes, in particular, requirements under certain California and
New Jersey laws with respect to such data, excerpts from which are reproduced below for Licensee’s reference.
III. Certain Data Sources may include "control" or "salted" data as a portion of the provided information as a means to
ensure compliance with Data Source Requirements and applicable law.
STATE-SPECIFIC
I. ARIZONA: Data received from Arizona Gilbert Municipal Court, Maricopa County Justice Courts, Pima County Consolidated
Justice Court, Supreme Court, Administrative Office of the Courts and Superior Court of Maricopa County ("Arizona Data")
a. Licensee is required to scrub and update Arizona Data on an ongoing basis: Within two (2) days of notice from
AssureHire Public Records of amended, sealed, corrected, or restricted Arizona Data, Licensee shall remove such data from
its files.
b. Social Security Number Redaction: Licensee agrees to delete any ninedigit Social Security Number inadvertently
included in the data or to take other appropriate action to ensure that ninedigit Social Security Numbers are not provided to
its customers.
c. The Arizona Data cannot be used for commercial solicitation purposes: Licensee shall not use, and shall not
permit any customer to use, the Arizona Data for commercial solicitation of any individual named in the Arizona Data.
i. For Arizona Data received from Pima County Superior Court: Licensee agrees to limit the use of the records
to providing employment and tenant screening services to Licensee’s clients.
d. Licensee must purge data after notice of termination of contract between AssureHire Public Records and
the Data Source: Within ten (10) days of notice of termination of any agreement between AssureHire Public Records and an
Arizona Data Source, Licensee will purge any and all copies of Arizona Data from such Data Source and certify in writing to
directly to such Data Source that the data has been destroyed.
e. Licensee must provide disclosure statements to its customers: The following disclosure statements must be
provided by Licensee to its customers at the time any Arizona Data is provided to such customer:
For Maricopa County Justice Courts Data:
The data provided is based on data obtained from Maricopa County Justice Courts in Arizona, as of date
most current version was created. The Maricopa County Justice Courts in Arizona does not provide any
warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do they
make any representations regarding the identity of any persons whose names appear in the data. It is
expressly understood that it is the responsibility of users to verify the data by personally comparing it with
the official court records on file at one of the Maricopa County Justice Courts with jurisdiction.
For Maricopa County Superior Court Data:
The data provided is based on data obtained from the Clerk of the Superior Court in Maricopa County,
Arizona as of _________________ (insert date most current version was created). The Clerk of the
Superior Court in Maricopa County, Arizona provides no warranties, express or implied, that the data
provided is accurate, current, correct, or complete. It is expressly understood that it is the responsibility of
users, subscribers, customers, clients, or other third parties to whom the data is supplied to verify the data
obtained under this agreement with the official court records.
For Pima County Consolidated Justice Court:
The data provided is based on the most current data obtained from the Pima County Consolidated Justice
Court. Neither the Pima County Consolidated Court, nor any other courts of the State of Arizona, nor Pima
County provide any warranties, express or implied, that the data provided is accurate, current, correct, or
complete, nor do they make any representations regarding the identity of any persons whose names appear
in the data. It is expressly understood that it is the responsibility of users to verify the data by personally
comparing it with the official court records on file at the court of origin.
For Arizona Supreme Court Data:
The data provided is based on data obtained from the Arizona Supreme Court, Administrative Office of the
Courts as of _________________ (insert date most current version was created). Neither the Arizona
Supreme Court, the Administrative Office of the Courts, nor any other courts of the state of Arizona provide
any warranties, express or implied, that the data provided is accurate, current, correct, or complete, nor do
they make any representations regarding the identity of any persons whose names appear in the data. It is
expressly understood that it is the responsibility of users to verify the data by personally comparing it with
the official court records on file at the court of origin.
f. Licensee shall comply with prohibitions regarding unrestricted access on the Internet: Licensee will not
publish or redisseminate the Arizona Data for the purpose of unrestricted access on the Internet with any of the following
personal identifiers: party name, address, date of birth, or last four digits of a social security or driver's license number.
II. ARKANSAS: Data received from Arkansas Administrative Office of the Courts ("Arkansas Data")
a. Licensee will not provide inaccurate Arkansas Data: Licensee shall not provide inaccurate Arkansas Data to its
customers or subscribers.
b. Licensee shall only provide updated Arkansas Data: Licensee shall not provide any of its subscribers or
customers any Arkansas Data other than the Arkansas Data in its most recently updated records.
c. No prohibition against identifying AssureHire Public Records as source of Arkansas Data to Arkansas
Administrative Office of the Court: Licensee shall not be prohibited from or penalized for revealing to the Arkansas
Administrative Office of the Court the name of AssureHire Public Records as the source of the Arkansas Data.
d. Licensee shall provide a disclaimer regarding official case record: Licensee shall prominently display a
disclaimer in each report of a record search provided to a subscriber, with each transfer of Arkansas Data to a customer, and
at each search access portal made available to a subscriber. The disclaimer shall read:
The official custodian of all official court records for each court in Arkansas is the clerk of the court. The
Arkansas Administrative Office of the Court ("AOC") is not the official custodian of any case record and
provides only copies of data entered or provided by clerks. Data provided through this service may not
reflect pending or postdisposition activity on a case. The AOC does not warrant the accuracy of the
data. To verify a record’s accuracy, contact the clerk of the court of record.
III. CALIFORNIA: Data from the California Sex Offender Registry and Municipal Court data from Contra Costa County
("California Data")
For Sex Offender Registry Data: Cal. Penal Code §sect; 290.4 states, in part:
(1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business establishment.
For Contra Costa Municipal Court Data (Criminal, Civil, Small Claims and Traffic Filings):
USER UNDERSTANDS AND AGREES THAT ANY COMPUTER PROGRAMMING IS DONE BY COUNTY AS A COURTESY
TO USER TO ALLOW FILING INFORMATION DATA TO BE COPIED IN THE FORM DESIRED BY USER, RATHER THAN
THE FORM MAINTAINED BY COUNTY, AND USER FURTHER UNDERSTANDS AND AGREES:
A. THAT THE FILING INFORMATION DATA IS COPIED OR DERIVED FROM RECORDS MAINTAINED BY
COUNTY FOR COUNTY USE AND THAT THE USER'S USE OF SUCH DATA IS COMPLETELY INCIDENTAL TO THE
PURPOSE OF COUNTY USE FOR WHICH THE DATA HAS BEEN MAINTAINED.
B. THAT THE DATA HAS NOT BEEN DEVELOPED WITH THE INTENT OF USE OR BENEFIT TO ANYONE OTHER
THAN COUNTY AND HAS NOT BEEN MAINTAINED IN A MANNER INTENDED TO BE USEABLE, ACCURATE OR
BENEFICIAL FOR USER'S USE.
C. THAT IT IS QUITE POSSIBLE THAT ERRORS AND OMISSIONS HAVE OCCURRED IN ANY PROGRAMMING
DONE BY COUNTY TO PROVIDE THE DATA IN THE FORM DESIRED BY USER, AND USER FURTHER UNDERSTANDS
AND AGREES THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR IN ANY RECORD
KEEPING PROCESS, ESPECIALLY WHEN LARGE NUMBERS OF RECORDS ARE DEVELOPED AND MAINTAINED;
NOTWITHSTANDING, USER AGREES TO TAKE THE RECORDS "AS IS", FULLY EXPECTING THAT THERE MAY WELL
BE ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY.
D. THAT COUNTY MAKES ABSOLUTELY NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED,
AS TO THE ACCURACY, THOROUGHNESS, VALUE, 'QUALITY, VALIDITY, MERCHANTABILITY, SUITABILITY,
CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA AND ANY PROGRAMMING USED TO OBTAIN
THE DATA IN THE FORM DESIRED BY USER, NOR AS TO WHETHER THE DATA IS UPTODATE, COMPLETE OR
BASED UPON ACCURATE OR MEANINGFUL FACT.
E. THAT USER HEREBY FOREVER WAIVES ANY AND ALL RIGHTS, CLAIMS, CAUSES OF ACTION OR OTHER
RECOURSE THAT IT MIGHT OTHERWISE HAVE AGAINST COUNTY FOR ANY INJURY OR DAMAGE OF ANY TYPE,
WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY ERROR OR
OMISSION IN SUCH DATA OR IN ANY PROGRAMMING USED TO OBTAIN THE DATA IN THE FORM DESIRED BY
USER, OR IN ANY MANNER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE DATA PROVIDED
HEREUNDER.
User further agrees that it will provide no copy (or partial copy) of any filing information data to any other entity, business or
individual without 1) disclosing that the copy (or partial copy) of the data is obtained from Contra Costa records and 2)
including a complete copy of the above disclaimers A – E with the copy (or partial copy) of the record.
IV. CONNECTICUT: Data received from the Connecticut Department of Corrections and the State of Connecticut,
Judicial Branch ("Connecticut Data")
For Connecticut Department of Corrections Data:
a. Prohibited Use of PreConviction Data: The Connecticut Department of Corrections Data contains names
and information on individuals who are sentenced or currently on pretrial status and have not been convicted.
This information is not to be used for the purposes of a criminal background check.
For State of Connecticut, Judicial Branch Data:
b. Prohibited Bulk Distribution: Licensee agrees not to sell or redistribute the State of Connecticut, Judicial
Branch Data except insofar as it has been incorporated by the User into a valueadded product or service that
does not permit the extraction of a substantial portion of the bulk data from the valueadded product or service
used by other parties.
c. Prohibited Solicitation. Licensee agrees not to use the data to allow, enable or otherwise support the
transmission by email, telephone or facsimile of mass, unsolicited, commercial advertising or solicitations to
entities other than its own existing customers.
V. FLORIDA: Data received from Manatee County Clerk of Circuit Court ("Florida Data")
a. Licensee may not represent Florida Data as official government record: The Florida Data is for use in
the ordinary course of business and is not intended or permitted to be represented during commercial resale as the official
governmental record required by law.
VI. IDAHO: Data received from the Idaho Sex Offender Registry ("Idaho Data")
a. Cautionary Statement to Licensee and customers:
The information in the Idaho sex offender registry is provided only for the purpose of protecting the
public. It is not to be used for the purpose of harassing or intimidating anyone. A person who uses
registry information to commit a criminal act against another person is subject to arrest and
prosecution under sections 188326 or 188413, Idaho Code.
VII. ILLINOIS: Data received from Circuit Court of Cook County ("Illinois Data")
a. Notice and disclaimer to Licensee: The Illinois Data shall be current as of the calendar date on which it is
disseminated. Neither the Circuit Court of Cook County nor the Clerk of the Circuit Court of Cook County warrants the
accuracy, completeness, or currency of the Illinois Data. The Illinois Data is not an official record of the Court or the Clerk and
may not be represented as an official court record.
b. Disclaimer to Licensee’s customers: Licensee shall include a disclaimer with each subsequent dissemination of
the Illinois Data. The disclaimer may be in the same format as the Illinois Data being disseminated and shall state in
substance:
The Court does not warrant the accuracy, completeness, or currency of this data. This data is
not and may not be represented as an official record of the Court or of the Clerk. The official
court record may be found in the hard copy files held and maintained by the Clerk. The Clerk
provides no warranties, express or implied, that the information or data is accurate, complete
or correct.
VIII. MAINE: Data received from Maine Sex Offender Registry ("Maine Data")
a. Notice and disclaimer to Licensee: Licensee shall use, and shall require its customers to use, the Maine
Data for public safety and community awareness purposes only.
IX. NEVADA: Data from the Nevada Sex Offender Registry ("Nevada Data")
Nevada Revised Statutes NRS 179B.270 states, in part:
Restrictions on use of information. Except as otherwise authorized pursuant to specific statute, a person shall not use
information obtained from the community notification website for any purpose related to any of the following:
1. Insurance, including health insurance.
2. Loans.
3. Credit.
4. Employment.
5. Education, scholarships or fellowships.
6. Housing or accommodations.
7. Benefits, privileges or services provided by any business establishment.
(Added to NRS by 2005, 2867)
X. NEW JERSEY: Data from the New Jersey Sex Offender Registry ("New Jersey Data")
N.J. Stat. Ann. §sect; 2C:716 states, in part:
a. Any information disclosed pursuant to this act may be used in any manner by any person or by any public,
governmental or private entity, organization or official, or any agent thereof, for any lawful purpose consistent with
the enhancement of public safety.
c. Except as authorized under any other provision of law, use of any of the information disclosed pursuant to this act
for the purpose of applying for, obtaining, or denying any of the following, is prohibited:
(1) Health insurance;
(2) Insurance;
(3) Loans;
(4) Credit;
(5) Education, scholarships, or fellowships;
(6) Benefits, privileges, or services provided by any business establishment, unless for a purpose consistent with
the enhancement of public safety; or
(7) Housing or accommodations.
XI. NEW MEXICO: Data received from agencies in New Mexico State ("New Mexico Data")
a. No Solicitation or Fundraising: New Mexico Data may not be used for solicitation or fundraising purposes.
XII. NEW YORK: Data received from agencies in New York State ("New York Data")
a. No Solicitation or Fundraising: New York Data may not be used for solicitation or fundraising purposes.
XIII. NORTH CAROLINA: Data received from North Carolina Administrative Office of the Courts ("North Carolina Data")
a. Licensee must not provide inaccurate North Carolina Data: Licensee shall not provide inaccurate North
Carolina Data to its customers or subscribers.
b. Notice regarding statements or advertisements: Licensee shall not state or advertise in any way that
Licensee acquired its data from the NCAOC or that the NCAOC is the source of its data.
c. Warranty and liability terms: As required by the North Carolina Data Source, copies of the "Warranties"
and "Limitation of Liability" sections of the agreement between AssureHire Public Records and the North Carolina
Data Source are hereby provided to Licensee (for purposes of the following excerpts, "LICENSEE" shall mean
AssureHire Public Records):
Warranties
Except as set forth herein, no other warranties, whether express or implied, including, without limitation, the implied
warranties of merchantability and fitness for a particular purpose, are made by the North Carolina Administrative
Office of the Courts (NCAOC) with respect to electronic access to the NCAOC’s criminal and civil databases or for
the implementation thereof.
1. The NCAOC provides no warranties, express or implied, for any computer programs and associated
materials provided hereunder.
2. The NCAOC provides no warranties, express or implied, that the information or data accessed is accurate,
correct, or complete.
3. The NCAOC provides no other warranties of any kind or nature, express or implied, in connection with this
service.
Limitation of Liability - NCAOC Criminal and Civil Databases Access
1. The North Carolina Administrative Office of the Courts (NCAOC) shall not be liable for any demand or claim,
regardless of form of action, for any damages arising from causes beyond the control and without the fault or
negligence of the NCAOC.
2. The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages
resulting from the use by the LICENSEE of any computer programs or other materials provided under this
Agreement.
3. The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages
arising from incorrect or incomplete information or data accessed from this service. It is expressly understood
by the parties that it is the LICENSEE’s responsibility to verify information or data obtained through access to
the NCAOC’s criminal and civil databases with official information reposing at the court of record.
4. If the NCAOC is in a declared state of disaster recovery, the NCAOC shall not be liable for any demand or
claim, regardless of form of action, for any damages arising from denial of access or inability to access data
from the NCAOC system.
5. The NCAOC shall not be liable for any demand or claim, regardless of form of action, for any damages based
upon alteration or modification made by the LICENSEE of any computer programs or other materials supplied
hereunder, unless the NCAOC made, directed, or required such modification or alteration.
6. The NCAOC shall not be liable to the LICENSEE or any other party for any loss, including revenue; profits;
time; goodwill; computer time; destruction; damages, or loss of data; or any other indirect, special, or
consequential damage that may arise from the use, operation, or modification of the NCAOC’s criminal and civil
databases.
d. Disclaimer regarding reports attributed to North Carolina Administrative Office of the Courts: If
AssureHire Public Records identifies the NCAOC as the source of any information provided to Licensee, the
following disclaimer shall apply:
The official custodian of all official court records for each county in North Carolina is the clerk of
superior court of that county. The North Carolina Administrative Office of the Courts is not the official
custodian of any case records and provides only copies of data entered by the clerks. To verify a
record’s accuracy, contact the clerk of the county of record.
e. List to North Carolina Administrative Office of the Courts: Upon request, AssureHire Public Records may
provide the North Carolina Administrative Office of the Courts with a list of the AssureHire Public Records’ customers and
subscribers, including Licensee.
f. Contact Specific County. North Carolina Administrative Office of the Courts is not the official custodian of
any case records and consequently cannot assist with verification or disputes regarding case records, therefore Licensee
shall contact the clerk of the applicable county as identified in the applicable record for verification or to dispute any
records obtained through AssureHire Public Records.
XIV. OHIO: Data received from Ohio Department of Rehabilitation and Correction ("Ohio Data")
a. Notice to Licensee: The Provider of the Ohio Data does not warrant the comprehensiveness, completeness,
accuracy or adequacy for any particular use or purpose of the Ohio Data and expressly disclaims all warranties express or
implied as to any matter whatsoever. Provider will not be responsible for any loss or damage caused by the use of the Ohio
Data.
XV. OREGON: Data received from Oregon Judicial Department ("Oregon Data")
a. Notice to Licensee regarding official data: The files containing Oregon Data are not official records of the
court, and Licensee should verify the Oregon Data by personally consulting the "official" record reposing at the court of record.
b. Licensee must update Oregon Data: Licensee shall promptly update the Oregon Data received from
AssureHire Public Records.
XVI. PENNSYLVANIA: Data received from the Administrative Office of the Pennsylvania Courts ("Pennsylvania Data")
a. Notice regarding official data: AssureHire Public Records hereby provides the following notice to
Licensee, and Licensee shall provide the following notice to its customers:
Electronic case record information received from the Commonwealth of Pennsylvania is not an official case record; official
case records are maintained by the court in which the record was filed.
b. Notice upon termination of agreement: In the event of termination of any agreement between AssureHire
Public Records and the Pennsylvania Data Source, AssureHire Public Records shall notify Licensee, and Licensee shall notify
its customers, to cease using the Pennsylvania Data, and Licensee shall ensure that the Pennsylvania Data is removed from
the databases of Licensee and its customers.
c. Required disclosure with each distribution of electronic information: Licensee shall ensure that the
following statement is displayed or provided every time electronic case information containing Pennsylvania Data is provided
to a customer:
The data or information provided is based upon information received by the Administrative Office of
Pennsylvania Courts ("AOPC"). AOPC makes no representation as to the accuracy, completeness or
utility, for any general or specific purpose, of the information provided and as such, assumes no
liability for inaccurate or delayed data, errors or omissions. Use of this information is at your own risk.
AOPC makes no representations regarding the identity of any persons whose names appear in the
records. User should verify that the information is accurate and current by personally consulting the
official record reposing in the court wherein the record is maintained."
d. Excluded data shall not be disclosed: Licensee shall delete any electronic case record information that is
inadvertently included in the Pennsylvania Data and is excluded from public access under Section 3.00 of the Electronic Case
Record Public Access Policy of the Unified Judicial System of Pennsylvania.
e. LifeCycle Obligations: Licensee shall retrieve and access on a weekly basis the appropriate updated
records ("LifeCycle files") and shall promptly remove from Licensee’s data any Common Pleas Criminal Court Case
Management System and/or Magisterial District Judge Automated Systems cases that are listed in that LifeCycle
files. Failure to comply with these requirements may result in the termination of access to the AOPC files at any time
without notice.
f. List to Commonwealth of Pennsylvania: AssureHire Public Records may provide the Commonwealth of
Pennsylvania with a list (updated within 30 days of any change) of all of AssureHire Public Records’ websites,
subsidiaries, affiliates, customers, clients and other third party recipients that use or distribute information obtained
from the Pennsylvania Data Source, including Licensee and its customers as well as a list of such subsidiaries,
affiliates, customers, clients and other third parties that have accessed any of the case record information during a
specified period of time as requested by AOPC.
XVII. SOUTH CAROLINA: Data received from agencies in South Carolina State ("South Carolina Data")
a. No Solicitation or Fundraising: South Carolina Data may not be used for solicitation or fundraising
purposes.
XVIII. UTAH: Data received from Utah Administrative Office of the Courts ("Utah Data")
a. Required Agreement and Notice Disclosure Statement. A written agreement must be obtained from
each subscriber, customer, client or other third party that
(i) describes the authorized uses of the Utah Data;
(ii) includes a provision for immediate termination in the event of improper use of the Utah
Data;
(iii) requires customers to remove from their files any Utah Data that has been amended,
corrected, sealed, or otherwise restricted within two (2) business days from receiving notice from
Public Records;
(iv) requires customers, within ten (10) days of receiving notice from Public Records of the
termination of the Agreement between Public Records and Utah Administrative Office of the
Courts to purge any and all copies of the Utah Data and certify in writing directly to the Utah
Administrative Office of the Courts that the customer has destroyed the Utah Data;
(v) includes the following disclosure statement at the time any Utah Data is provided to any
such individual or entity: "The data provided is based on data obtained from the Utah
Administrative Office of the Courts as of . Neither the Administrative Office of the
Courts, nor any other courts of the State of Utah provide any warranties, express or implied, that
the data provided is accurate, current, correct, or complete, nor do they make any
representations regarding the identity of any persons whose names appear in the data. It is
expressly understood that it is the responsibility of users to verify the data by personally
comparing it with the official court records on file with the court of origin."
XIX. WASHINGTON: Data received from the State of Washington Administrative Office of the Courts ("Washington AOC
Data"):
a. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY: The information or data provided is based on
information obtained from the courts as of the period of time covered by the monthly update. The Administrative Office of the
Courts and the Washington Courts: 1) do not warrant that the information is accurate or complete except for court purposes;
2) make no representations regarding the identity of any persons whose names appear in the Index; and 3) deny liability for
any damages resulting from the release or use of the data. To verify the information, the user should personally consult the
"official" record reposing at the court of record.
b. Warranty and liability terms: As required by the Washington Data Source, copies of the "Warranties" and
"Limitation of Liability" sections of the agreement between AssureHire Public Records and the Washington Data Source are
hereby provided to Licensee (for purposes of the following excerpts, "LICENSEE" shall mean AssureHire Public Records, and
"AOC" shall mean the State of Washington Administrative Office of the Courts):
DISCLAIMER OF WARRANTIES:
1. THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO INFORMATION OR DATA PROVIDED UNDER THIS
AGREEMENT.
2. THE AOC PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE
INFORMATION OR DATA PROVIDED IS ACCURATE, CURRENT, CORRECT, OR COMPLETE. IT IS
EXPRESSLY UNDERSTOOD BY THE PARTIES THAT IT IS THE RESPONSIBILITY OF THE
LICENSEE AND/OR ITS CUSTOMERS, CLIENTS, OR OTHER THIRD PARTIES TO WHOM THE
INFORMATION AND DATA WAS SUPPLIED TO VERIFY INFORMATION OR DATA OBTAINED
UNDER THIS AGREEMENT WITH OFFICIAL COURT INFORMATION REPOSING AT THE COURT OF
RECORD.
LIMITATION OF LIABILITY:
THE LICENSEE ACKNOWLEDGES AND ACCEPTS THAT ALL INFORMATION AND DATA PROVIDED
UNDER THIS AGREEMENT IS PROVIDED ON AN AS IS BASIS AND THAT THE INFORMATION AND
DATA MAY BE SUBJECT TO ERROR OR OMISSION AND THEREFORE AGREES THAT THE AOC
SHALL NOT BE RESPONSIBLE NOR LIABLE IN ANY WAY WHATSOEVER FOR THE VALIDITY OF
ANY DATA PROVIDED OR FOR THE USE OF THE INFORMATION AND DATA PROVIDED.
SPECIFICALLY:
1. THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF
FORM OF ACTION, FOR ANY DAMAGES RESULTING FROM THE USE BY THE LICENSEE OF ANY
INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT.
2. THE AOC SHALL NOT BE LIABLE FOR ANY DEMAND OR CLAIM, REGARDLESS OF
FORM OF ACTION, FOR ANY DAMAGES ARISING FROM INCORRECT OR INCOMPLETE
INFORMATION OR DATA PROVIDED UNDER THIS AGREEMENT.
3. THE AOC SHALL NOT BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR ANY
LOSS, INCLUDING REVENUE, PROFITS, TIME, GOODWILL, COMPUTER TIME, DESTRUCTION,
DAMAGE, OR LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGE WHICH MAY ARISE FROM THE USE, OPERATION, OR MODIFICATION OF DATA
PROVIDED UNDER THIS AGREEMENT.
c. Audits: AssureHire Public Records may perform an audit of the subscriber to verify appropriate use of the data
provided by the AOC. AssureHire Public Records may: (i) conduct random audits of subscribers; (ii) conduct audits of specific
customers at any time AssureHire Public Records has reason to believe that the subscriber is violating any of the terms of the
subscriber agreement, or (iii) if the AOC requests an audit for any reason.
d. Use restrictions: Personallyidentifiable information shall not be used for commercial solicitation purposes or in an
indiscriminate and reckless manner, and "control" or "salted" data may be included as a portion of the information provided by
the Washington Data Source as a means to ensure compliance with such use restrictions.
XX. WISCONSIN: Data received from Wisconsin Administrative Office of the Courts ("Wisconsin AOC Data"):
a. It may be a violation of state law to discriminate against a job applicant because of an arrest or conviction
record. Generally speaking, an employer may refuse to hire an applicant on the basis of a conviction only if the
circumstances of the conviction substantially relate to the particular job. For more information, see Wis. Stats.
111.335 and the Department of Workforce Development’s "Arrest and Conviction Records under the Law
publication.
b. Wisconsin AOC Data is only a snapshot of the information accessible in the Wisconsin Circuit Courts and
Programs case management system on the date the information is downloaded by AssureHire Public Records.
