Terms And Conditions

Terms of Service

Article 1 Terms about making this agreement

Section 1.1. What is this document?

This is a legally binding service agreement between two parties. The first party is backgroundchecks.com LLC, a Delaware limited liability company doing business as backgroundchecks.com, whom this agreement calls "we" and "us." The second party is either:

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

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

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

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

Section 1.3 How do you agree to this agreement?

You agree to this agreement if you sign it electronically. You sign this agreement electronically by clicking any button or any box associated with words that say you accept or agree to this agreement. You also sign this agreement electronically by taking any other action that shows your intent to sign this agreement. You also agree to this agreement if you electronically or manually sign a separate document that says you agree to this agreement. Despite the use of any other terminology, your signing this agreement is your offer to us, not your acceptance of an offer from us.

Section 1.4 What are you personally confirming to us by signing this agreement?

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

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

Section 1.5 What is really important in this agreement?

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

Section 1.7: What are your rights related to electronically signing this agreement?
Section 1.10: What else is included in this agreement?
Section 6.4: Will we give you a refund?
Section 6.8: What additional terms apply to pre-paid plans?
Section 9.3: Do we make any warranties?
Section 9.5: Against what claims do you agree to protect us and our associates?
Section 9.7: How does this agreement limit our liability?
Section 9.9: Where may either you or we sue the other?

Section 1.6 How do we agree to this agreement?

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

Send you any email or other communication saying we accepted or agreed to this agreement;
Send you a username or password for your use in ordering services from us;
Send you any information from your use of our services; or
Take any action that shows our intent to sign this agreement electronically.

Despite the use of any other terminology, our signing this agreement is not our offer to you, but is our acceptance of your offer to us.

Section 1.7 What are your rights related to electronically signing this agreement?

By electronically signing this agreement, you consent that we may send you information having to do with our website or our services electronically (such as on our website or through email), instead of on paper or by mail. For example, your consent applies to all information that any law requires us to give you in writing or by mail. We need not give you any information in paper or other non-electronic form. You may withdraw your consent, but only by closing your account with us as described in section 7.8 and providing us an address to which we may send notices. You may update the information we use to send you information electronically as described in section 7.1.

Section 1.8 How may we change this agreement?

We may propose to change this agreement by posting a replacement on our website and giving you notice that we have done so. You agree to the changed agreement on the earlier of (a) 30 days after we give you notice that the changed agreement has been posted, unless you close your account before then as described in section 7.8 or (b) when you agree to the new agreement as described in section 1.3. We may also discontinue your access to our services until you confirm that you have agreed to the changed agreement.

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

Our website requires a username and password for individuals and systems acting on your behalf ("Users") to order services from us. If you registered your account online, your first User is the person who registered the account. If you registered in any other way, your first User is the one that we initially register at the direction of your people who were working with our people. Our website allows certain of your Users ("Administrators") to add Users. Your first User is automatically an Administrator. Every Administrator can make any other User be an Administrator. We may also add Users that you designate in writing.

If you interface any of your computer systems with our computer systems, one or more of your Users may be a system that interfaces with our systems to place orders for and receive results of our services. But you agree to associate an email address for that user to which we may send notices and to actually read any notices we send to that email address. Our interface specifications, these Terms of Service, and the applicable Report Certifications determine the meaning of any communication between your systems and our systems through an interface.

Our systems require your Users to certify facts to us (including the use that you will make of information that you receive from us) and make promises to us (including that you will not use certain information in violation of certain laws). You hereby appoint your Users (including Users that are automated systems) as your agents to make those certifications and promises on your behalf and to accept changes to this agreement under section 1.8 on your behalf. You agree to ensure that all certifications that your Users make to our systems are true when made. You agree to ensure that you fulfill all promises and certifications that your Users make to our systems.

Section 1.10 What rights do third parties get under this agreement?

You and we do not intend to create a right for any third party to enforce this agreement directly against either party, except for(a) our Suppliers, who are intended beneficiaries of everything that you say in this agreement, as it relates to a Supplier and (b) our Associates, who are intended beneficiaries of section 9.5. To the extent that, despite that intent, any court finds that any other third party may enforce this agreement directly, that third party's rights are limited by all the terms, conditions, and defenses that apply to the party whose rights the third party seeks to enforce. "Associate" means: (a) anyone controlling, controlled by, or under common control with us (our "Affiliate"); (b) any third party who directly or indirectly provides goods, services, data, or intellectual property to us or our Affiliate in relation to the services we provide to you (our "Supplier"); or (c) any employee, manager, officer, director, or other individual agent of ours, our Affiliate, or our Supplier.

Section 1.11 What else is included in this agreement?

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

Article 2 Terms about laws with which you must comply

Section 2.1 How are you responsible for compliance with law?

Various laws apply to the services that we provide to you and the information we provide to or process for you through our services (that information being the "Data"), usually for the purpose of protecting the person that the Data concerns (that person being the "Subject"). You agree to comply with all applicable law. You agree to ensure that no agreement, government order, or law binding you would prohibit our reporting to or processing for you. You confirm that you have independently educated yourself about your duties under applicable law. We (and the Suppliers whose services we provide under these terms) do not provide legal advice. We (and they) do not act as your legal counsel. We (and they) advise you to assure your compliance with law by involving your own legal counsel. No consultation, training, information, support, or forms that we (or they) provide are legal advice. You confirm that you are not relying on us (or them) to ensure that you are complying with applicable law. You acknowledge that we (and they) are relying, for our (and their) compliance with law, on you performing your duties under this agreement. You agree to promptly notify us of any lawsuit or government investigation against you that involves the use of our or our Suppliers’ services or any Data we provided you.

Section 2.2 How must you not use data arising from our services?

You agree not to use any Data for any purpose other than a legitimate business purpose. You agree not to use any Data for any unsolicited communication (including phone call, text message, mail, email, or fax) other than communications required by law. You agree not to use any Data to blackmail, harass, or humiliate anyone else.

Section 2.3 What promises do you make about our audits of your use of our services?

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

Section 2.4 What promises do you make about record retention?

You agree to adopt a record retention program that (a) results in the retention and destruction of I-9 Form and E-Verify records that we process for you in conformity with federal law and (b) results in the destruction of all other records containing information we provide you about any Subject (including all Reports) no later than six years from the date we provide you the information, except to the extent that applicable law (or a contract identified in section 4.9) requires you to retain the information for a longer time. You agree to retain any document that the Subject signed and that you relied upon as permission to order a Report from us for at least five years from the date of the Report. You may suspend destruction of records in response to actual third-party claims and actual government investigations. When you destroy these records, you agree to do so securely, in a way that complies with all applicable laws (including the "disposal rule" found at 16 C.F.R. part 682), and in a way that prevents you or anyone else from reconstructing the information. You agree to use reasonable efforts to preserve every record that relates to a third-party claim or governmental investigation against us if we inform you of the nature of the claim or investigation and request in writing that you preserve any related records. As used in this section, the term "record" means anything that could be discovered in litigation, including paper records, electronic data, email, and voicemail recordings.

Article 3 Terms about background reports

Section 3.1 What are your duties related to consumer reporting laws?

This article governs all services that we provide you, except those governed by article 5. The Fair Credit Reporting Act, regulations issued under it, and similar state laws (collectively, the "FCRA") regulate most communications that we provide you and that include Data bearing on a Subject's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living (each of those communications being a "Report" and that Data being "Consumer Reporting Information"). For example, criminal history is typically Consumer Reporting Information and a communication containing criminal history is typically a Report. The FCRA more intensively regulates our Reports in which we obtain Consumer Reporting Information by interviewing someone, which are called "investigative consumer reports." The federal FCRA statute begins at 15 U.S.C. § 1681 (available at https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act); most federal regulations begin at 12 C.F.R. part 1022 (available at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR). The FCRA requires us to get you to agree to or certify certain things. It also requires you to do certain things and prohibits you from doing others.

You confirm that we have provided you and you have read the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Users.pdf), which appears at 12 C.F.R. part 1022 appendix N and which explains many of your duties under the FCRA. You confirm that we have provided you and you have read the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf) (the "Summary of Rights"), which appears at 12 C.F.R. part 1022 appendix K and which explains to the Subject many of the Subject's rights under the FCRA.

You acknowledge that obtaining information about a Subject from us under false pretenses is a federal crime. In addition to the FCRA, many state laws also regulate the Consumer Reporting Information that we provide in our Reports.

Section 3.2 What are your duties based on what you will do with the Report?

Your duties under this agreement, the FCRA, other federal laws, and many state laws and our duties under our agreements with our Suppliers, the FCRA, other federal laws, and many state laws depend on (a) whether you will resell our Report and, if so, to whom (your "Resale Intent"), (b) the purpose for which the End-user (which is you if you will not resell the Report) will use the Report (the "End-user Purpose"), and (c) for certain Resale Intents, the procedures you will ensure are used to process public-record information that you receive from us (your "Procedure"). Our systems allow your Users to select the Resale Intent, End-user Purpose, and (if applicable) Procedure for which you obtain Reports from us through our website. For Reports ordered through a system-to-system interface, our systems allow you to provide a Resale Intent, End-User Purpose, and (if applicable) Procedure within each transaction sent through the interface and to supply us defaults values for Resale Intent, End-User Purpose, and (if applicable) Procedure, on which we may rely whenever your transaction lacks one of more of those values. By your User selecting a Resale Intent, End-user Purpose, and (if applicable) Procedure for a Report, you confirm that your Resale Intent, End-user Purpose, and (if applicable) Procedure are those selected, make and agree to our additional Report Certifications that apply to the selected Resale Intent (including variation based on Procedure, if applicable) and End-user Purpose, agree not to resell the Report except as your Resale Intent permits, and agree to prevent the use of the Report except as your End-user Purpose permits. You agree to inform us in writing if your selected Resale Intent, End-user Purpose, or (if applicable) Procedure changes by informing us of your new Resale Intent and End-user Purpose in the same manner as described above. The Resale Intents, End-user Purposes, and (if applicable) Procedures from which you may be able to select, and the additional terms that apply to your purchases for those Resale Intents, End-user Purposes, and (if applicable) Procedures, are set out below, although we do not allow every possible combination of Resale Intent, End-User Purpose, and Procedure and you may not qualify for every Resale Intent, End-user Purpose, or Procedure.

Section 3.3 What are the Resale Intents for which you might order or use Reports?

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

"No Resale" means that you will not resell the Report, and will be the End-user of the Report. You make and agree to the Report Certification for Resale Intent of No Resale for Reports ordered or received for this Resale Intent.
"CRA Resale" means that you will not be the End-user of the Report, but that you are a consumer reporting agency and will use information from the Report in preparing your own report to the End-user. You make and agree to the Report Certification for Resale Intent of CRA Resale for Reports ordered or received for this Resale Intent.
"Conduit Resale" means that you will not be the End-user of the Report and are not a consumer reporting agency, but will resell the Report to a single organization located in the United States that is a "consumer reporting agency" under the FCRA (your "Customer"), who will use information from the Report in preparing its own report to the End-user. You make and agree to the Report Certification for Resale Intent of Conduit Resale for Reports ordered or received for this Resale Intent.
"Non-CRA Resale" means that you will not be the End-user of the Report and are not a consumer reporting agency, but will resell the Report to the End-user. You make and agree to the Report Certification for Resale Intent of Non-CRA Resale for Reports ordered or received for this Resale Intent.

"End-user" has the meaning assigned in the Resale Intent you certified.

Section 3.4 What are the End-user Purposes for which you may order or use Reports?

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

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

Section 3.5 What are the Procedures with which you may order or use Reports when you order for a Resale Intent of CRA Resale or Conduit Resale?

The Procedures are set out below. These apply only when you order or receive a Report for a Resale Intent of CRA Resale or Conduit Resale.

"Research" means that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will use Public-Records Database Search information we provide only to decide where to conduct a traditional search of public records and will assure that all reported information is accurate, complete, up-to-date, matching, not obsolete, not duplicated, and not misleading.
"Validate" means that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will confirm (using a traditional search of public records) all Public-Records Database Search information that we provide before including it in reports to End-users and will assure that all reported information is accurate, complete, up-to-date, matching, not obsolete, not duplicated, and not misleading.
"Assure" means that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will review all Public-Records Database Search that we provide to assure that it is complete before including it in reports to End-users; will, for incomplete information, report only complete and up-to-date information obtained through a traditional search of public records before including it in reports to End-users; and will assure that all reported information is accurate, complete, matching, not obsolete, not duplicated, and not misleading.
"Match" means that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will assure that all reported information is matching, not duplicated, and not misleading.
"Restrict" means that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale will assure that all reported information is not duplicated and not misleading.

Each Procedure set out above also has an analogous Procedure that ends with "& Notify." Each analogous Procedure has the same meaning as the underlying Procedure, with the additional requirement that you (if your Resale Intent is CRA Resale) or your Customer (if your Resale Intent is Conduit Resale) will notify the Subjects when reporting public records about them.

Our system includes various features that we may use to remove records from the Report based on your Procedure.

Article 4 Terms about specific background services

Section 4.1 What products have additional terms?

Some services included in our Reports have different or additional terms, which are set out within the Report Certifications for Resale Intent, set out below in this section, or both. Those terms only apply to the extent that we provide you those services. These services are the following:

"Adverse-Action Notices" is the service of using reasonable efforts to send one or more pre-configured emails when you inform us of events based on a Report that would trigger those emails. We only make Adverse-Action Notices available under our Report Certification for Resale Intent of No Resale.
"Death Master File" is the service of providing a warning if the social security number if listed in the limited access death master file maintained by the Social Security Administration. For Death Master File information that we provide you in a Report, you:
1. affirm that you have a legitimate fraud-prevention interest in obtaining that information or have a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, which (in either case) is confirming that the Subject is not committing identity fraud by providing a deceased individual's a social security number;
2. affirm that you have systems, facilities, and procedures in place to safeguard that information and have experience in maintaining the confidentiality, security, and appropriate use of that information, both under requirements reasonably similar to those in section 7.10;
3. agree to satisfy the terms of section 7.10;
4. agree not to disclose that information to any person other than a person who meets the requirements of these certifications related to Death Master File information;
5. agree not to disclose that information to any person who uses the information for any purpose other than a legitimate fraud-prevention interest or a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty;
6. agree not to disclose that information to any person who further discloses the information to any person other than a person who meets the requirements of these certifications related to Death Master File information; and
7. agree not to use that information for any purpose other than a legitimate fraud-prevention interest or a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty.
"Driving Records" is the service of providing information from driving records (commonly known as motor vehicle reports) to the extent available from a state’s department of motor vehicles. Terms related to Driving Records are set out in the Report Certifications that apply to your Resale Intent.
"Name and Address History" is the service of providing names and addresses associated with a social security number. Name and Address History appears in the US OneTRACE product and the AliasSEARCH and AliasVERIFY product families. Terms related to Name and Address History are set out in the Report Certifications for your Resale Intent. Information from Driving Records may appear in Name and Address History; therefore, terms set out in the Report Certifications for your Resale Intent that relate to Driving Records also apply to Name and Address History.
"Public-Records Database Search" is the service of using reasonable efforts to search our proprietary database of public-records information and report information found that satisfies our standards for matching, obsolescence, completeness, and currency. Those standards are based on your Resale Intent, End-user Purpose, and (if applicable) Procedure. You acknowledge that, in the absence of information needed to apply those standards, we may decline to report information. This may include information that a Public-Records Traditional Search would provide.
"Public-Records Traditional Search" is the service of using reasonable efforts to search a repository of records maintained by or for a government agency (such as a court) and report information found that satisfies our standards for matching, obsolescence, completeness, and currency. Those standards are based on your Resale Intent, End-user Purpose, and (if applicable) Procedure.
"Scoring" is the service of using reasonable efforts to assign a score to Consumer Reporting Information in a Report based on criteria provided to us and that we determine we are capable of applying without using discretion. We only make Scoring available under our Report Certification for Resale Intent of No Resale.
"Self-order" is the service of using reasonable efforts to provide you with the ability to electronically invite proposed Subjects to order their own background checks and provide your invited Subjects with the abilities to provide identifying information, acknowledge disclosures and other forms, make authorizations and consents, and (where permitted and at your option) pay for their own background checks. We only make Self-order available under our Report Certification for Resale Intent of No Resale.

Section 4.2 What must you do before relying on our Report?

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

Section 4.3 What must you not do with our Report, regardless of your purpose?

You agree not to copy, distribute, disclose, publish, or use any Report (or any information in a Report) except as the following two sentences allow. You may distribute the Report to the Subject, use the Report internally in a single use (but subsequent explanation or justification of that use is not a separate use), and use and disclose the Report as required by law. Additionally, if you order the Report for a Resale Intent of CRA Resale, you may disclose the Report or information from the Report to the End-user; or, if you order the Report for a Resale Intent of Conduit Resale, you may disclose the Report (without change or addition) to a consumer reporting agency who provides the Report or information from the Report to the End-user; or, if you order the Report for a Resale Intent of Non-CRA Resale, you may disclose the Report (without change or addition) to the End-user. If you provide the services of your employees on assignment to your customers, you agree not to provide Reports to your customers, but you may express your decision based on the Reports.

You agree not to maintain a database that includes information from the Report and that you (or anyone else) use to produce new "consumer reports" as defined in the FCRA, except as the following two sentences permit. If you order the Report for a Resale Intent of CRA Resale, you may either provide the Report to the End-user as your own report or use information from the Report to create a single new consumer report that you provide to the End-user. If you order the Report for a Resale Intent of Conduit Resale, your customer that is a consumer reporting agency may either provide the Report to the End-user as its own report or use information from the Report to create a single new consumer report that its provides to the End-user.

Section 4.4 What additional terms apply if you enroll under a VendorSafe program?

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

Section 4.5 What additional terms apply if you sponsor a VendorSafe program?

This section applies if you sponsor a VendorSafe program. The program allows you to enable organizations who supply (or want to supply) goods or services to you to run the background checks on their employees that you specify for a price that you and we agree upon. Despite any other terms in this agreement, you are not responsible for paying for any services that your vendors order. As part of this program, we will create for you a custom landing page on which we will place mutually agreed information. We will provide you with the web address for that custom landing page. You agree to distribute that web address only to organizations that are (or that you want to be) your vendors. If one of your vendors orders a Report from us and you will receive either access to a Report or a score based on your instructions for Scoring, then you also make the certifications for your vendor's Resale Intent and End-user Purpose as if you had ordered the Report yourself for the same Resale Intent and End-user Purpose. But we acknowledge that you may fulfill many of your duties under those certifications through your vendor's actions as described in section 4.4.

Section 4.6 What additional terms apply if you enroll under a SelectCheck program?

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

Section 4.7 What additional terms apply if you sponsor a SelectCheck program?

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

Section 4.8 What additional terms apply to a California County File Pull service?

This section applies if you purchase a county criminal search in a California county in which we perform the California County File Pull process.

The context of the California County File Pull process is that some courts in California have removed so many identifiers from their criminal court records that we cannot determine (when performing a county criminal search) whether some records relate to a particular Subject. The "California County File Pull" process is that we (a) attempt to obtain a copy of the court's paper file for each possible record, (b) if we obtain those copies, review their contents to find any additional identifying information that tends to either confirm or disaffirm that each case is about the Subject, (c) if we find additional identifying information, make a new determination of whether each case is about the Subject, in accordance with our otherwise applicable standards; (d) report those records that we determine are about the Subject; (e) report none of the records that we determine are not about the Subject, and (f) report none of the records that we still cannot determine are or are not about the Subject. You acknowledge that this means that our Report may not include criminal records that actually belong to the Subject.

We have tested the California County File Pull process in Los Angeles county, California and found in testing that it allows a conclusion in over half of otherwise inconclusive criminal searches. This test was not a statistically valid sampling. California courts have rules for when they destroy their paper files for criminal cases. The destruction of the paper file does not also require the destruction of the electronic file. In testing of the California County File Pull process, we found that this practice of destroying paper files was the most common reason for the California County File Pull process to result in no conclusion about whether a case was about a Subject. You acknowledge that the California County File Pull process is not a universal solution allowing us to come to a conclusion about all otherwise inconclusive criminal searches.

You agree to pay an additional fee per county criminal search that we perform in a county in which we routinely perform the California County File Pull process. Although the fee is a blend of internal fees, service provider fees, and court fees, we will add this fee into and present it as part of the "court fee" or "pass-through fee" for the county criminal search. (For example, if the California County File Pull fee for a county is $5 and the pre-existing court fee for that county was $4, then the "court fee" presented for that county will be $9.) You acknowledge that we are spreading the cost of performing the California County File Pull process over all county criminal searches performed in the county. Therefore, you agree to pay the fee for each county criminal search for which we would perform the California County File Pull process if needed, even if we do not perform that process for the particular search, even if the court has destroyed the paper file or otherwise refuses to provide access to it, and even if the paper file contains no additional information that assists us in determining whether the case is about the Subject.

Section 4.9 What other documents must you provide us?

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

Section 4.10 What must happen before you can receive services?

Certain laws and data-supply contracts require us to check whether you are a legitimate organization using our services for a legitimate reason that you certify to us during the setup process. Our "credentialing process" is how we check on this.

In the credentialing process, we will (a) require you to give us information and (in many cases) physical or virtual access to your premises for a "site inspection" to gather more information, (b) independently obtain more information about you; and (c) review that information after we receive it. If we require a site inspection, you must pay our fee for it; our standard registration fee does not include the site inspection fee. In our review of the information gathered, we will be trying to confirm that (1) the information that you provided is accurate, (2) your organization is legitimate, and (3) your use of our services is legitimate and does not conflict with our understandings of the applicable law and of data-supply contracts. If we confirm that, then you "pass" the credentialing process.

Before we initially give you access to the results of any orders you place, you must pass the credentialing process. Additionally, we may require you to pass the credentialing process again to retain access to the results of orders that you place, and may consider only our own interests in deciding to require that. For example. we typically require the credentialing process again: when adding products with different restrictions associated to them; when your ordering crosses volume-based thresholds; when we detect ordering patterns that might be inconsistent with legitimate use; and when we suspend your account based on us having information that your orders misuse the services. Initially (and if we suspend your account), you may order services, but you will not have access to the Reports resulting from those orders until you pass the credentialing process. If you never pass the credentialing process, you will never have access to Reports resulting from those orders.

We will not refund or reduce any charges because of your failure to pass the credentialing process. Therefore, we advise you to review section 4.11 (about types of users to whom we might not provide all or some of our services) and article 3 (about you only using our services within the context of the FCRA) to make sure that you will pass our credentialing process.

Section 4.11 What limitations might apply to you based on your business?

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

Section 4.12 What additional terms apply to international services?

This section applies to any orders you place for Reports that include information from outside the United States. For us to be able to provide an international Report, you must provide the following documents (in the form that we provide to you) for each international Report you request: (a) an international consent that includes explicit consent to transfer information to the United States, (b) proof of identification, and (c) any additional forms or agreements required to obtain information from specific countries. You agree to abide by all foreign laws applying to information that we obtain from foreign jurisdictions and provide to you. We are not required to identify those laws for you. We have no control over or ability to predict the availability of information from jurisdictions outside the United States. Currently available information for a country might become unavailable with or without notice. In those cases, we will be unable to provide the international Report. We cannot provide any assurance that we will retrieve information outside of the United States within any set period of time. Therefore, no other statement concerning the timeliness of our services applies to information from outside the United States.

Article 5 Terms about I-9 and E-Verify Services

Section 5.1 What is the Employment Eligibility Service?

This article applies if you order our Employment Eligibility Service. "Employment Eligibility Service" means the use of a web-hosted computer program(s) generally known as "GryphonHR", which is an Internet-based employment eligibility verification processing and recordation tool proprietary to Transcend Software and Technology Solutions, LLC d/b/a GryphonHR ("Provider"), together with features and functionality offered by Provider from time to time. Provider is a Supplier as used in this agreement. The Employment Eligibility Service enables employers in the United States to do two things. The first is to create and store electronic DHS Employment Eligibility Forms ("I-9 Forms"). The second is to electronically check the employment eligibility of newly hired employees with the internet-based E-Verify application ("E-Verify"). The Department of Homeland Security ("DHS") operates E-Verify in partnership with the Social Security Administration ("SSA"). E-Verify compares information from an employee's I-9 Form to data from DHS and SSA records after completion of the I-9 Form.

Provider has stated to us that the Employment Eligibility Service meets the U.S. Citizenship and Immigration Services ("USCIS") requirements and DHS regulations related to electronic I-9 Form management. The Employment Eligibility Service is integrated with E-Verify to submit E-Verify case requests and provide E-Verify case results through the Employment Eligibility Service.

Section 5.2 What is required to Use E-Verify?

You acknowledge that, in order for the Provider to provide the parts of the Employment Eligibility Service related to E-Verify, you must agree to a memorandum of understanding prescribed by DHS (the "MOU"). The MOU sets forth the terms by which the SSA and USCIS will confirm the employment eligibility of newly-hired employees after you complete and submit the I-9 Form through E-Verify. You agree to provide us with the information requested in the E-Verify Company Profile document (which we will supply to you) for purposes of obtaining a unique E-Verify Program ID-number for you. You agree to enter into the E-Verify MOU, with us as your E-Verify Employer Agent ("EEA") for purposes of providing the part of the Employment Eligibility Service related to E-Verify. You agree to comply with your obligations under the MOU and with the DHS’s official E-Verify User Manual. Without limiting the foregoing, you agree to use E-Verify only for (a) your employees hired after the effective date of the MOU and, (b) if you are acting as a federal contractor, for either all existing employees or only existing employees assigned to specific federal contracts covered by the relevant rule in the Federal Acquisition Regulations (the "FAR Clause"). If you are already enrolled in E-Verify at the time of a federal contract award but are not enrolled in the system as a federal contractor with the FAR Clause, you agree to notify us and complete an updated E-Verify Company Profile document within 30 days after the award of the federal contract. We agree to enter into the MOU as your EEA after you fulfill your obligations above. After that, we agree to comply with our obligations under the MOU and the DHS official E-Verify User Manual as your EEA.

Section 5.3 What are your compliance obligations that are special for the Employment Eligibility Service?

You agree to complete all I-9 Forms, and perform all E-Verify checks, in accordance with applicable federal, state, and local laws. This includes all laws, rules, and regulations promulgated by DHS or USCIS about: completing I-9 Forms (including timely completion of I-9 Forms); participating in E-Verify; complying with the provisions of the MOU that are applicable to you; posting notices of your participation in E-Verify; and antidiscrimination provisions. You acknowledge that neither we nor Provider bear any responsibility or liability for your failure to comply with the federal I-9 Form compliance, completion, retention, and storage rules. In order to ensure your compliance with the retention rules, you should periodically download and save the electronic I-9 Form records created through use of the Employment Eligibility Service. You own and are responsible for information, including I-9 Form records, downloaded and saved or otherwise retained on your computers or servers.

Section 5.4 What terms apply to your use of the Employment Eligibility Service?

You agree not to use the Employment Eligibility Service other than in accordance with these terms and conditions and any additional terms and conditions posted on the website through which the Employment Eligibility Service is accessed (the "Website"). Provider may post on the Website terms and conditions governing use of the Website by your users. You agree to comply, and cause your users to comply, with those terms and conditions.

Section 5.5 What do you agree to do in the event of an audit or investigation?

You agree to notify us immediately (and in any case within one business day) after receiving notice of an audit, investigation, or fine that (a) relates to your I-9 Form or E-Verify activities or any other activities of yours based on or using the Employment Eligibility Service and (b) is by one or more governmental agencies, such as the DHS, USCIS, SSA, U.S. Immigration and Customs Enforcement, Department of Justice, Attorney General, Office of Special Counsel, or other state or federal agency . You agree to allow Provider and us to (x) participate in that process, (y) respond to all questions directed at the Employment Eligibility Service, and (z) conduct all demonstrations of the Employment Eligibility Service. You acknowledge that your failure to comply with this section would be a material breach of these terms and conditions and could cause you to be liable for damages to our or Provider’s business and reputation resulting from your failure.

Section 5.6 Who provides support for the Employment Eligibility Service?

As between us and the Provider, we provide customer support to you for the operation of the Employment Eligibility Service and Provider provides technical support through us. You may contact us for customer or technical support by phone or email. You agree not to contact Provider directly for support issues.

Section 5.7 What data protection applies to the Employment Eligibility Service?

Certain current state laws (and potentially future federal and state laws) might regulate the Processing of Personal Data. "Personal Data" means any data or set of information provided through the Employment Eligibility Service that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, consumer, household, or device. "Process" means perform any manual or automated operation or set of operations performed on Personal Data. Operations include collecting, recording, organizing, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating, combining, blocking, erasing, or destroying Personal Data.

You and we state that you and we (respectively) believe that state data protection laws are generally pre-empted by the federal I-9 Form and E-Verify laws and regulations, which require employers to verify an individual’s right to work in the United States. Nonetheless, you and we are entering into these data processing terms set forth in this section in an abundance of caution in order to comply with state data protection laws to the extent that they apply to the Processing related to the Employment Eligibility Service. This section is not an admission by either you or us that state data protection laws actually apply to that Processing.

You instruct us and Provider to Process Personal Data in accordance with all applicable federal I-9 Form and E-Verify laws and regulations, the MOU, and these terms and conditions. You further instruct us to transfer Personal Data to Provider for Processing. You acknowledge that Personal Data will be stored on servers maintained by Provider.

We agree to Process Personal Data that you share with or transmit to us only as you direct or as described herein. Without limiting the foregoing, we state that we have entered into an agreement with Provider that requires Provider:

to share Personal Data only among the following: (1) you, (2) us, (3) Provider; (4) those persons involved in completing any individual I-9 Forms; and (5) E-Verify, if applicable;
not to sell or use Personal Data for commercial purposes, other than to provide the Employment Eligibility Service to you; and
to promptly notify you if we determine that there has been any unauthorized Processing of Personal Data and thereafter cooperate with you to take reasonable and appropriate steps to stop and remediate the unauthorized Processing activities.

Section 5.8 What other restrictions apply to the Employment Eligibility Service?

You agree, during the term of this Agreement and for 2 years thereafter, not to: (i) directly or indirectly build product or service competitive with the Employment Eligibility Service using confidential information of us or Provider; or (ii) directly or indirectly contact, solicit, or enter into any transaction with any vendor, service provider, contractor or supplier in an effort to replicate or otherwise use constituent elements of the Employment Eligibility Service or which are part of confidential information or intellectual property of Provider.

Article 6 Terms about charges you must pay

Section 6.1. What do you agree to pay us for our services?

You agree to pay for all services that we provide you at the prices displayed on our website. We may change the prices on our website at any time, unless we have agreed not to do so in a formal, signed writing (and not by email). In addition to those prices, you agree to pay us amounts that allow us to recover all fees that third-party information sources charge us for access to information needed to perform the services. Examples of third-party information source charges include county court fees, state motor vehicle fees, statewide repository fees, federal court fees, employer clearinghouse fees, and educational institution clearinghouse fees. You agree that the prices we charge you are net of any taxes or withholdings for taxes. If you must withhold any amount for taxes, you agree to increase the amount so that the amount you pay us net of the withholding equals the amount we charged you.

Section 6.2 Are you responsible for charges incurred because of misuse of your account?

You agree to pay for all services ordered by anyone using a username and password assigned to your account, even if someone uses your account without your permission. For example, if we reset your password and send the new password to your email account and someone steals the password from your email account, you are responsible for the services that person orders.

Section 6.3 How will we charge you for litigation support?

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

Section 6.4 Will we give you a refund?

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

Section 6.5 How may you pay us?

You agree to pay by MasterCard, Visa, American Express, or Discover credit card at the time of your order unless we approve your credit for monthly billing. By providing us with a credit card number, you give us permission to charge that credit card for all purchases that you make from us, you confirm that you are authorized to make purchases with that credit card, you agree to update your card information if it changes, and you agree to abide by the credit card issuer's agreement. You agree to make all payments in U.S. dollars.

Section 6.6 How may you pay us if we approve you for monthly billing?

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

Section 6.7 How may you pay us if we approve you for alternative payment methods?

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

Section 6.8 What additional terms apply to pre-paid plans?

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

Section 6.9 What do you agree to pay if you do not pay on time?

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

Section 6.10 Must you pay sales and similar taxes?

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

To start the process, you must contact service@backgroundchecks.com. We are normally able to review requests for tax-exempt status the same business day. Upon approval, we will retain the completed documentation in our offices and apply tax-exempt status to your account. Once your account has tax-exempt status, we will treat all future orders for your account as tax-exempt until you request otherwise in writing. You agree to inform us immediately if you lose tax-exempt status. If you change the name (or company name) on your account, you must contact service@backgroundchecks.com immediately to start the process of updating our records.

Article 7 Terms about services we provide

Section 7.1 How may you update your contact information with us?

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

Section 7.2 What do you promise us about information that you provide us?

By providing us any information about a Subject, you confirm that you have the right to disclose that information, that we may use and further disclose it without any limitations (except as limited by section 5.7), and that the information is accurate, complete, and up-to-date.

Section 7.3 What must you do if you see an error in our services?

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

Section 7.4 How may we change our services?

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

Section 7.5 How may we give you notice?

We may give you notice by placing the notice on our website in a manner that requires your Administrators to see it when logging in or by sending an email to the email address in the registration information for any of your Administrators. We may also send you a notice about billing to any of the email addresses listed as billing contacts for your account on our website. Any User may change that User's email address for notice, but only by changing the email address in that User's registration information. Any Administrator may change your billing contacts, but only by changing that information in your registration information. If we send an email notice to any of those email addresses, that notice is effective even if you never receive it and even if we find out that you never received it. (For example, our notice is still effective even if the email address you gave us is wrong, out of date, inaccessible, or too full to receive more email.)

Section 7.6 How may you transfer this agreement?

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

Section 7.7 How may we close or suspend your account?

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

Section 7.8 How may you close your account?

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

Section 7.9 What additional terms apply if you interface your systems to ours?

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

Section 7.10 What must you do to secure your account and the Data?

You agree to use security procedures sufficient to protect the confidential nature of the information that we provide you and the privacy interests that each Subject has in that information. You agree to use reasonable and appropriate administrative, technical, and physical security procedures to protect against (a) reasonably foreseeable threats and hazards to the confidentiality of that information and (b) unauthorized access to, use of, control over, or disclosure of that information. You agree to maintain and follow a written security policy that is sufficient to comply with all laws related to the protection of personal information that we provide you. You agree to restrict the ability to order or access Data to those of your personnel who need to know that Data. You agree to ensure that any of your computers from which a person could order or access Data are in a secure location and are locked or turned off when unattended by those personnel. You agree to secure all stored copies (whether printed or electronic) of any Data. You agree not to store any Data except to the extent required for you to use the Data as this agreement permits. You agree to protect your account names and passwords so that only your authorized personnel know them. You are responsible for all activity under such account names and passwords including use of any services we provide directly or through our Suppliers. You agree not to post these credentials anywhere. You agree to ensure that any software that you use to access our website or system hides your credentials so only specially authorized personnel can know them. You agree to assign a unique username and password to each user of any such software. We never ask for credentials by telephone; you agree not to disclose your credentials by telephone. We may temporarily block access to your account if we have reason to believe that your credentials are being misused. We may block access to your account from specific internet protocol addresses if we have reason to believe that use from those addresses may be unauthorized.

Section 7.11 What must you do if you have a data breach?

You agree to notify us immediately if you have reason to believe that anyone has (a) gotten unauthorized access to, use of, control over, or disclosure of any information that we provided to you (unless that information was encrypted and you have no reason to believe that the decryption key was compromised) or (b) used your account, username, or password without your authorization. You agree to use reasonable efforts to stop the unauthorized activity, reasonably cooperate with us (and our Suppliers) in mitigating any resulting damage, including by allowing us (or our Suppliers) to initiate or participate in an investigation into the causes of the event and, upon our request, providing a written root-cause analysis of the event, a written plan to minimize the impact of the event, and a written plan to avoid recurrence of the event.

Section 7.12 What is our privacy policy?

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

Section 7.13 What do you need to use our website or services?

To use our website or our services, you must have one of the three most recent major releases of a major web browser (Chrome, Safari, Firefox, or Edge, as of January 2022) installed on a computer with an internet connection. In particular, you must have that hardware, software, and telecommunications connection to access a copy of this agreement and other electronic records related to your use of our website or services. You may be able to use our website or services using other web browsers, but you may also encounter errors. We may block your use of our website or services from certain browsers.

Section 7.14 Are we responsible for links to third party websites?

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

Article 8 Terms about intellectual property rights

Section 8.1 Do either of us grant the other any intellectual property ownership?

We and our Suppliers do not grant you ownership of any intellectual property rights. You do not grant us or our Suppliers ownership of any intellectual property rights. We do not claim any ownership of or intellectual property rights in any I-9 Form (which is a publication of the United States government), whether completed or not.

Section 8.2 What copyright license do we grant to you?

We grant you a non-exclusive, worldwide, royalty-free, permanent license under our copyrights in each Report and in each I-9 Form that we provide you and each form that we collect or provide on your behalf to copy, print, and distribute the Report and each I-9 Form in any way not prohibited by this agreement or applicable law. We further grant you the non-exclusive right and license to use Employment Eligibility Service you have purchased for your internal business operations only. You agree not to modify or create derivative works based upon our (or the Provider's) website or the Employment Eligibility Service any content in them. You agree not to mirror or frame any content on our (or the Provider's) website or the Employment Eligibility Service. You agree not to translate, reverse engineer, decompile or disassemble any software in or accessed through our (or the Provider's) website including the Employment Eligibility Service. We grant you a non-exclusive, worldwide, royalty-free license under our licenses or copyrights in the items below to do activities below, but only for the purpose of ordering and receiving our services and only while you have an active account with us:

electronically copy, modify, distribute, and print any governmentally promulgated notices or forms on our website;
electronically copy, modify, distribute, and print any sample forms, notices, or policies on our website;
electronically copy our website within your web browser as absolutely necessary to make ordinary use of our website;
electronically copy and print any interface specifications that we provide you as reasonably necessary to assist in interfacing your systems with ours; and
electronically copy and print any training materials that we provide to you as reasonably necessary to train your own personnel.

Section 8.3 What trademarks and notices must you retain on the Reports?

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

Section 8.4 What information is confidential?

You agree to keep confidential all non-public information that we provide to you about our services, including our non-public prices, our interface specifications, our product plans, our list of sources in our database, and the details of how our website, the Employment Eligibility Service and other systems work (but excluding our Report, which section 4.3 covers, and any I-9 Forms). You may use this information only as required to use our services. You may disclose this information to your affiliates, personnel, and contractors who have a need to know the information and have legally enforceable duties not to use the information except in your service and not to further disclose the information. You agree to ensure that any person to whom you disclose any of this information does not use it in any manner that we do not expressly permit you to use it.

Article 9 Terms about legal liability

Section 9.1 Is information we provide true?

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

Section 9.2 How comprehensive are our services?

Our services have important limitations in scope. You agree to fully educate yourself about the limitations on our services before ordering them. Among other things, our services are limited as follows:

All of our services use information identifying the Subject that you supply. Our ability to detect false identifying information is very limited. In particular, our assertion that a social security number is valid (or our failure to assert that it is invalid) only means that the number is one that the Social Security Administration could have issued. It does not mean that it is actually valid or that it was actually issued to the Subject. We therefore advise you to use other methods, such as physically checking governmentally issued identification against the information you submit to us. For employers, a good point to cross-check this information is during the completion of a I-9 Form, since you have to review identification then anyway.
The FCRA prohibits us from reporting adverse information that is over seven years old. While there is an exception for convictions of crimes at the federal level, many states still limit reporting of convictions to seven years. Additionally, some states prohibit us from reporting non-conviction criminal history other than convictions or non-criminal offenses.
The FCRA prohibits us from reporting information unless we have reasonable procedures to assure maximum possible accuracy in our determination that it is about the Subject.
The FCRA prohibits us from reporting information unless we have reasonable procedures to assure maximum possible accuracy in the information we are reporting, which some courts and regulatory agencies have said includes a level of assurance that the information is complete and up-to-date.
If you buy our Public-Records Database Search for a Resale Intent of No Resale or Non-CRA Resale, our systems will remove offenses from our report when our database does not contain sufficient information to make the regulatory determinations noted above. This includes when the database lacks enough information to determine the degree, disposition, and age of an offense; whether the record is about the Subject; and whether the record is sufficiently complete and up-to-date. If you buy a Public-Records Traditional Search, we can obtain that information and make the determinations that could permit us to report the offense.
Services that search for public records are generally limited to a specific geography that you select, such as named counties or districts. Many organizations conduct Public-Records Traditional Searches in geographies based on either or both of a Name and Address History or a Public-Records Database Search, but neither of those services is truly comprehensive.
Services that verify privately held information (like employment and education verifications) are limited to the entities that you or your Subject identify for us.
Some government agencies intentionally limit the information that they provide. For example, some statewide criminal history repositories (such as administrative courts offices or state police agencies) intentionally limit the types and ages of records that they make available.
Most states have procedures that Subjects can use to expunge or seal their criminal history. Some states automatically expunge or seal criminal history after set amounts of time. We do not intentionally report expunged or sealed records, even if we locate them.
Most jurisdictions have procedures that handle juvenile offenders differently from other offenders. We do not intentionally report records from the juvenile justice systems, although we may report records of juveniles tried as adults.

Section 9.3 Do we make any warranties?

We and our Suppliers make no warranties, express or implied. Without limiting the foregoing general disclaimer, we, for ourselves and our Suppliers, disclaim all warranties (a) of merchantability, fitness for a particular purpose, non-infringement, workmanlike performance, reasonable care, and accuracy; (b) that arise from course of dealing, course of performance, usage of trade, or provision of a sample; or (c) that our performance or anything that we or our Suppliers provide is free of errors or operates without interruption. You acknowledge that these disclaimers are an integral part of an agreement in which you and we have actively and intentionally allocated risk and that we would not provide you the services if you did not accept these disclaimers. These disclaimers apply even if any remedy fails of its essential purpose due to these disclaimers. You confirm that you are not entering this agreement on the basis of any warranty outside of this agreement or on the basis of any warranty that this section attempts to disclaim.

Section 9.4 Who is responsible for managing the risks that a background report can mitigate?

You acknowledge that:

You are responsible for determining the specific services that you order for the purpose of background screening and understanding the scope, limitations, and exclusions of those services.
We are not undertaking to perform any duty that you owe to anyone else.
We are not undertaking to provide recommendations or decisions on what specific services you should order in order to protect anyone from any risks, including the risk of physical harm and fraud.

Section 9.5 Against what claims do you agree to protect us and our associates?

The terms "Indemnify" and "Associate" and "Claim" are defined below.

The term "Associate" is defined in section 1.10. You agree to Indemnify us and each Associates against every Claim. You agree not to sue any of our Associates based on anything that Associate does on our behalf or based on any service or Report that you request from us or we provide you. You agree to Indemnify even if our negligence, our Associate's negligence, or our breach of this agreement also causes the Claim.

"Indemnify" means promptly reimburse, or directly pay, the sum of
1. the reasonable cost of investigating, defending, and negotiating the Claim (including reasonable attorney’s fees, expert witness fees, and court costs); and
2. any monetary obligation that is imposed on us or any of our Associates as part of a settlement of the Claim that you approve, a settlement of the Claim to the extent that it was reasonable under the circumstances (even if you do not approve it), or a final judgment on the Claim from which no further appeal is taken.
"Claim" means any third-party claim (including a government investigation) arising from:
1. any decision anyone makes on the basis of Data;
2. anyone’s use of any Data or service that we or our Associates provide you;
3. publication of any Data we provide you to anyone else;
4. liability under, or breach of, any contract between you and a third party; or
5. your tort, negligence, violation of this agreement, or violation of law applying to your operations.

Section 9.6 How does this agreement limit our liability?

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

third-party claims against you or anyone associated with you;
fines imposed on you or anyone associated with you;
consequential damages (including lost opportunity, profits, use, or savings), incidental damages (even if advised of their possibility), punitive damages, or indirect damages;
damages in aggregate that exceed the total fees you paid us under this agreement during the calendar month for which those fees were the highest (or $100, if that is higher);
damages arising from your use of, or decision based on, the Employment Eligibility Service;
damages arising from limitations, delays, failures, or other problems inherent in the use of the Internet or other electronic communications; or
damages arising from our delay in performing or failure to perform, to the extent beyond our reasonable control and ability to mitigate (including delay or failure caused by natural disasters, acts of god, disease, embargoes, organized labor disputes, riots, terrorism, war, or acts of civil and military authorities).

Section 9.7 What law applies to this agreement?

The law of the state of Delaware and US federal law as applied in Delaware (together, the "Selected Law") govern all matters related to this agreement. The matters that the Selected Law govern include (a) the interpretation, construction, and application of this agreement, (b) the determination of what, if any, terms are implied in this agreement, (c) claims related to this agreement, (d) defenses (including the statutes of limitations, repose, and fraud and including equitable defenses) to claims related to this agreement, (e) determinations of the scope and validity of this section, and (f) the allocation of burdens of pleading, production, and proof where those allocations are specific to a substantive claim, but not where those allocations arise from the procedural posture of a claim. This section does not determine what law governs procedures of any forum hearing any claim (such as rules of civil procedure). Any choice-of-law rules that would select any governing law other than the Selected Law for any matter where this section selects the Selected Law do not govern this agreement. The United Nations Convention on the International Sale of Goods does not govern this agreement, even if the Selected Law would otherwise apply it.

Section 9.8 Where may either you or we sue the other?

You consent to the courts for Davidson County, Tennessee, USA (the "Selected Forum") handling any dispute that is between you and us or any of our Associates and is related to this agreement. You agree not to sue us or our Associates about such a dispute in any other courts. This means that, for these disputes, you consent to the exclusive personal jurisdiction of and venue in the state courts (and, if federal jurisdiction applies, federal courts) for the Selected Forum, and you waive any assertion that the Selected Forum, is an inconvenient forum. If you file a lawsuit in any court other than the Selected Forum, you agree not to oppose a motion either to transfer to the Selected Forum if permitted by the procedures of the court of filing or to dismiss the lawsuit if not. In the case of a dismissal on such a motion, you hereby waive the tolling of any applicable statutes of limitations or repose while the dismissed lawsuit was pending.

Section 9.9 What matters are related to this agreement?

The phrase "related to this agreement" means related to one or more of the following: this agreement; the relationship that led to and results from this agreement; any discussions preceding negotiation of this agreement; or the negotiation, entry, performance, modification, or termination of this agreement. Regardless of whether a claim is in tort, contract, or otherwise, a claim is "related to this agreement" if any of the following conditions are true:

the claim is for breach of this agreement;
the claim arises out of the same alleged facts as a claim for breach of this agreement does;
the alleged facts from which the claim arises would also support a claim for breach of this agreement, even if not pleaded;
to prevail on the claim, the claimant must introduce this agreement into evidence;
this agreement provides a defense to liability on the claim;
the claim requires the court to interpret, construe, apply, or otherwise analyze this agreement;
the forum cannot decide the claim without determining what, if any, terms are implied in this agreement;
the forum cannot decide the claim without determining whether the person defending the claim complied with this agreement; or
the claim would not have arisen but for the existence of this agreement.

Section 9.10 What happens if part of this agreement is legally unenforceable?

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

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

Section 9.11 How is this agreement to be interpreted?

This agreement is to be interpreted as if written and negotiated jointly by the parties. It is not to be strictly construed against either party, regardless of the actual drafter of the agreement. You acknowledge that we would not enter into this agreement without the provisions of this article, because they help us limit our potential liability. The article and section headings in this agreement are for ease of reference only and are not intended to affect the meaning or interpretation of this agreement. All amounts prefaced with the dollar symbol ($) are denominated in U.S. Dollars.

Section 9.12 What is the relationship of the parties?

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

Report Certifications

Report Certification for Resale Intent of No Resale

By ordering or receiving a Report for a Resale Intent of No Resale, you certify the following, with any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service:

You will not resell the Report to anyone else.
You will be the only End-user of the Report.
If you order Name and Address History:
1. You will reproduce, and not remove, any statement in a Report (as displayed on our website) limiting the use of Name and Address History information provided in that Report.
2. You will not make any eligibility decision governed by the FCRA based on any Name and Address History information provided in a Report.
3. You will ensure that any Name and Address History information under your control is not (and never contend or admit that it is) a part of any "consumer report" or the "file" of a Subject governed by the FCRA or any similar state law.
4. You will not use the Name and Address History information for any purpose other than for us to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability (which may include you or us selecting names, jurisdictions, or both names and jurisdictions for which to obtain information from us or other sources and you or us demonstrating that a Name and Address History was obtained before obtaining that other information).
5. You will comply with the portions of the Gramm-Leach-Bliley Act (which is 15 U.S.C. §§ 6801-09), under which the Name and Address History information is which "non-public personal information" and which limits further disclosure.
You will not to use any Driving Record information in a Report for any purpose other than verifying the accuracy of personal information submitted by the Subject to you (such as the existence of a valid driver's license or qualifying driving record) and, if that information is not correct, obtaining the correct information, but only for the purpose of preventing fraud by the Subject.
If you use Self-order:
1. You acknowledge that you are responsible for the content of all forms that we present on your behalf, including if you use our standard, sample, or default forms.
2. You acknowledge that we have no duty to assure that any forms we provide you are adequate.
3. We may, as a condition to a Subject completing forms through Self-order, require the Subject to electronically sign agreements to do business electronically with us and to arbitrate any disputes they might have with us.
If you use Scoring:
1. You agree to provide us clear, objective instructions on how to assign a score to a Report that do not require us to exercise judgment or discretion or to evaluate the Subject holistically. To the extent that any law might require a process of of discretion, judgment, or holistic evaluation, you agree to perform the process using the score as one input to the process.
2. You affirm that your instructions do not violate any law, including those prohibiting discrimination, prohibiting consideration of specific information, or requiring consideration of specific information. You acknowledge that we have no duty to assure that any instructions that you provide us are legal.
3. You affirm that your instructions are adequate to distinguish between Subjects who do and do not present the risks that are the reasons for which you obtain Reports. You acknowledge that we have no duty to assure that any instructions that you provide us are adequate.
4. You appoint us as your limited agent to use those instructions to apply a score to the Report, but you and we both disclaim and agree not to rely on any duties that either would owe the other based on that principal-agent relationship (including any fiduciary duties) and that are not explicitly stated in the written agreement between you and us or in the Report Certifications applicable to the Report.
5. You acknowledge that our application of a score (which may include one or more numbers, letter, flag, or words) is not an eligibility decision about the Report or the Subject, but your action based on or communication of that score is an eligibility decision.
If you use Adverse-Action Notices :
1. You acknowledge that you are responsible for the content of all communications that we present on your behalf, including if you use our standard, sample, or default forms of those communications.
2. You acknowledge that we have no duty to assure that any forms we provide you are legal.
3. You appoint us as your limited agent to send those communications on your behalf, but you and we both disclaim and agree not to rely on any duties that either would owe the other based on that principal-agent relationship (including any fiduciary duties) and that are not explicitly stated in the written agreement between you and us or in the Report Certifications applicable to the Report.

Report Certification for Resale Intent of CRA Resale

By ordering or receiving a Report for a Resale Intent of CRA Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.

The End-user is your own customer.
You and we will collaborate in the preparation of a report to your End-user. In this collaboration, we will act as your agent, but both you and we disclaim and will not rely on any duties that either would owe the other based on that principal-agent relationship (including any fiduciary duties) and that are not explicitly stated in the written agreement between you and us or in the Report Certifications applicable to the Report.
You are, and will fulfill all of the obligations of, a "consumer reporting agency" under the FCRA for the Consumer Reporting Information in the Report. You are not a "reseller" of information from our Report under FCRA§ 603(u) (which is 15 U.S.C. § 1681a(u)).
We are, and our obligations are limited to those of, a furnisher of information to a consumer reporting agency under the FCRA for the Consumer Reporting Information in in the Report.
You will not process the information in our Report outside of the United States.
You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of the End-user, (2) that the End-user is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents that End-user.
We have provided you, and you have provided the End-user, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Users.pdf), which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf), which appears at 12 C.F.R. part 1022 appendix K.
You have provided us a copy of the Consumer Financial Protection Bureau's "Notice to Furnishers of Information" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Furnishers.pdf), which appears at 12 C.F.R. part 1022 appendix M.
You will (and have obtained your End-user's agreement to) not process, use, or disclose any information in our Report other than in the ordinary course of business;
You will (and have obtained your End-user's agreement to):
1. reproduce, and not remove, any statement in a Report (as displayed on our website) limiting the use of Name and Address History information provided in that Report, to the extent that you include that information in your report to the End-user;
2. not make any eligibility decision governed by the FCRA based on any Name and Address History information provided in a Report;
3. ensure that any the Name and Address History information under your control is not (and not contend or admit that it is) a part of any "consumer report" or the "file" of any Subject governed by the FCRA or any similar state law;
4. not use the Name and Address History information for any purpose other than for you to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability (which may include you or the End-user selecting names, jurisdictions, or both names and jurisdictions for which to obtain information from us or other sources and you or your End-user demonstrating that a Name and Address History was obtained before obtaining that other information);
5. comply with the portions of the Gramm-Leach-Bliley Act (which is 15 U.S.C. §§ 6801-09), under which the Name and Address History information is which "non-public personal information" and which limits further disclosure.
You will (and have obtained your End-user's agreement to) not use any Driving Record information in a Report for any purpose other than verifying the accuracy of personal information submitted by the Subject to you (such as the existence of a valid driver's license or qualifying driving record) and, if that information is not correct, obtaining the correct information, but only for the purpose of preventing fraud by the Subject.
The End-user is not in one of the types of business listed in section 4.10 of our Terms of Service.
The End-user has certified the purposes for which it requested the information in your report to the End-user that you have requested from us in the Report and that it would use the information for no other purposes.
You have verified, in a manner that conforms to all applicable industry standards, that the End-user will use the information that is in your report to the End-user and that you have requested from us in the Report only for the purposes it certified.
You have no reason for believing that the End-user will use information that is in your report to the End-user and that you have requested from us in the Report for any purpose other than the purposes it certified.
Under a written agreement between you and the End-user, the End-user has requested the type of information that would be included in the Report.
You will provide information from the Report to no one but the End-user and the Subject, except as required by law.
A written agreement between you and the End-user prohibits the End-user from giving information from the Report to anyone but the Subject, except as required by law.
If we request in writing, you will audit your End-user in a manner designed to detect any violation of law or the certifications and agreements made by that End-user, provide us with a written report of your findings, and require the End-user to promptly correct any violations detected.
The End-user has made confirmations and agreements that protect us and the Subject no less than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
You have obtained the End-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although you may refer to us as your supplier, data source, or similar generic description).
You have recorded the following information for each Report: (1) the name, address, and telephone number of the End-user; (2) the search terms and options that you submitted to us; (3) the date and time that you submitted the order to us; and (4) each purpose for which you furnish the Report or information from the Report to the End-user.
To the extent that you do not provide the information in that record to us as part of your order, you will hold the resulting record, as our agent, for at least three years after you receive the Report.
You will provide a copy of that record (which we will not use to compete with you) promptly whenever we request it and immediately before you stop operating as a going concern.
You will not use the Consumer Reporting Information in the Report for any purpose other than to comply with law and to prepare your own report to the End-user as a "consumer report" under the FCRA for the purpose that the End-user certified to you and for the End-user Purpose that you certified to us.
In order to allocate responsibilities between you (as the principal) and us (as your agent) based on the Procedure you certified:
1. If you certified to us a Procedure of Research or Research & Notify or did not certify a Procedure to us, you:
  1. will not include any information copied from the results of our Public-Record Database Search in any report to an End-user; and
  2. will use information from our public-records database search only to identify names under which and jurisdictions in which to conduct traditional searches of public records.
2. If you certified to us a Procedure of Validate or Validate & Notify, you will confirm, complete, and update all information from the results of our Public-Record Database Search with information from traditional searches of public records before sending the report to the End-user.
3. If you certified to us a Procedure of Assure or Assure & Notify, you:
  1. will review all information from the results of our Public-Record Database Search to determine whether each public record is complete; and
  2. will confirm, complete, and update all such public records that are not complete with information obtained through a traditional search of public records before sending the report to the End-user.
4. If you certified to us a Procedure of Match, Match & Notify, Restrict, or Restrict & Notify, you will identify (with your request for a search) the state whose law governs the report.
5. Unless you certified to us a Procedure of Restrict or Restrict & Notify, you will ensure that all reported information that we provided relates to the Subject.
6. If you certified to us a Procedure of Restrict or Restrict & Notify, you will include (with your request for a search) a full date of birth and a middle name, if the subject of the report has one.
7. If you certified to us a Procedure of Research, Research & Notify, Validate, Validate & Notify, Assure, or Assure & Notify or you did not certify a Procedure to us, you:
  1. will ensure that the report to the End-user does not include information that we provided and that applicable law prohibits (including obsolescence prohibitions); and
  2. will use procedures that comply with applicable law to assure that all reported information that we provided is accurate, complete, and up-to-date.
8. If you certified to us a Procedure of Research & Notify, Validate & Notify, Assure & Notify, Match & Notify, or Restrict & Notify, you will, if public record information is in the report to the End-user, notify the subject of the report of the End-user’s identity and that public-record information is being reported to the End-user, in a manner that at a minimum complies with FCRA § 613(a)(1) (which is 15 U.S.C. § 1681k(a)(1)) and any other applicable law, on behalf of every organization contributing public record information to the report, and no later than the time at which you provide the report to the End-user.
9. You understand that the information provided by our Public-Record Database Searchwhen configured for a Resale Intent of CRA Resale is not necessarily complete or up-to-date as required by FRCA § 613(a)(2) (which is 15 U.S.C. § 1681k(a)(2)) or comparable laws. For that reason:
  1. If you certified a Procedure of Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify, we may remove records from the results of our Public-Record Database Search when we have reason to believe that they might not reflect the current public-record status of the underlying public record; and
  2. If you certified a Procedure of Match, Match & Notify, Restrict, or Restrict & Notify, we may remove records from the results of our Public-Record Database Search when we have reason to believe that they do not contain all data elements that are material to eligibility decisions made on those types of records.
10. If you have not otherwise certified a Procedure (either in a transaction or by provision of a default value), you hereby certify that your Procedure is Research.
11. Our website permits you to elect whether we should fulfill Public-Record Database Search under certain circumstances where the Procedure that you certified might not be sufficient to fulfill requirements under state law that public-record information be complete, up-to-date, or received or verified within some set amount of time. If you elect for us to fulfill those searches and the report that the End-user receives is subject to the California Investigative Consumer Reporting Agencies Act, Connecticut General Statutes § 31-51i(h), Indiana Code § 24-4-18-7, New York General Business Law § 380-g, or any other state law requiring information in your report to the End-user to be complete, up-to-date, or received or verified within some set amount of time, you will confirm, complete, and update all information from the results of our Public-Record Database Search with information from a traditional search of public records before sending the report to the End-user.
You will ensure that the information in your report to the End-user that contains Consumer Reporting Information from our Report does not conflict with or misleadingly duplicate any other information in that report.
You will use reasonable quality-assurance measures, independent of any reliance on us, to avoid reporting to the End-user any Consumer Reporting Information from our Report that is prohibited from a consumer report under FCRA § 605 (which is 15 U.S.C. § 1681c) or under any state law that limits the contents of a consumer report.
You will ensure that your provision of information to the End-user based on the Report otherwise complies with all applicable laws.
You will consistently identify yourself (and not us) as the consumer reporting agency for any Subject to contact to request a re-investigation, including any re-investigation of Consumer Reporting Information that you obtained from us in a Report.
If you receive notice from a Subject or anyone else disputing Consumer Reporting Information in a Report:
1. you will determine whether Consumer Reporting Information in the Report is incomplete or inaccurate as a result of any act or omission of yours, within five days of receiving the notice;
2. you will determine that the Consumer Reporting Information in the Report is incomplete or inaccurate "as a result of any act or omission" of yours under this Report Certification, FCRA § 611(f) (which is 15 U.S.C. § 1681i(f)), and any comparable statute:
  1. if that information does not relate to the Subject (despite matching the Subject to the degree required by your order), unless the procedure you certified for the search was Restrict or Restrict & Notify;
  2. if that information is from an Public-Record Database Search and is missing the offense, disposition, or (if disposed) disposition date available in an underlying public record, unless the procedure you selected was Match, Match & Notify, Restrict, or Restrict & Notify;
  3. if that information is from an Public-Record Database Search and is out-of-date compared to an underlying public record, unless the procedure you selected was Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify, or
  4. if that information is from an Public-Record Database Search and is no longer publicly available, unless the procedure you selected was Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify;
3. if information in the Report is incomplete or inaccurate as a result of any act or omission of yours, you will convey the notice and your determination to us within five days of receiving the notice, reinvestigate the information on behalf of both you and us, correct or delete the information within 20 days after your receipt of the notice, and inform us of your resolution of the request for reinvestigation as follows:
  1. if you determine that the record does not relate to the Subject, you will provide us with the information identifying the record (the record ID number for Public-Record Database Search) and the name and social security number of the Subject to whom it does not relate;
  2. if you determine that the record incompletely reflects the information in the underlying public record, you will provide us with the information identifying the record (the record ID number for Public-Record Database Search), the identity of the missing data elements, and the data for each of those elements;
  3. if you determine that the record has information that is not the same as the information in the underlying public record, you will provide us with the information identifying the record (the record ID number for Public-Record Database Search), the identity of the data elements that are not currently reflected, and the correct data for each of those elements (which could be no data being stored in those elements); and
  4. If you determine that the record is not publicly available at all (for example, it has been expunged), you will provide us with the information identifying the record (the record ID number for Public-Record Database Search);
4. you hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part; and
5. if information in the Report is not incomplete or inaccurate as a result of any act or omission of yours, you will, within five days after your receipt of the notice, convey to us the notice, your determination, and all other information the Subject provided in the manner that we specify from time to time (including the form available at https://www.backgroundchecks.com/hubfs/backgroundchecksDOTcom-reseller-disputes.docx) and, if we subsequently provide a notice to you about the dispute for you to deliver to the Subject, you will promptly convey that notice to the Subject.

Report Certification for Resale Intent of Conduit Resale

By ordering or receiving a Report for a Resale Intent of Conduit Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.

You will resell the Report one time to a single Customer, and will not use the Report or any information in the Report in any manner other than that resale. You are not a "consumer reporting agency" or a "reseller" as the FCRA or any similar law defines those terms.
You will not change Consumer Reporting Information in, remove Consumer Reporting Information from, or add Consumer Reporting Information to any Report that we provide to you.
You will not remove (or fail to transmit to your Customer) any statements, notices, or disclaimers that we provide you in any Report.
You will not combine, merge, or assemble any information we provide you in a Report with other information about the Subject (including information from any other Report).
You will not evaluate any Consumer Reporting Information we provide you in a Report. You will not evaluate any other information we provide you in a Report for the purpose of anyone's eligibility decision governed by the FCRA.
You will not make any eligibility decision governed by the FCRA based on any information included in a Report.
You will not process the information in our Report outside of the United States.
You will not process, use, or disclose any information in our Report other than in the ordinary course of business.
You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of your Customer, (2) that your Customer is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents your Customer.
We have provided you, and you have provided your Customer, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Users.pdf), which appears at 12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf), which appears at 12 C.F.R. part 1022 appendix K.
Your Customer provided you, and you have provided us, a copy of the Consumer Financial Protection Bureau's "Notice to Furnishers of Information" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Furnishers.pdf), which appears at 12 C.F.R. part 1022 appendix M.
In substance, your Customer has certified to you or you have otherwise ensured the following, as applicable:
1. Your Customer and we will collaborate in the preparation of a report to your Customer's End-user. In this collaboration, we will act as your Customer's agent, but both your Customer and we disclaim and will not rely on any duties that either would owe the other based on that principal-agent relationship (including any fiduciary duties) and that are not explicitly stated in the written agreement between you and us or in the Report Certifications applicable to the Report.
2. Your Customer is, and agrees to fulfill all of the obligations of, a "consumer reporting agency" under the FCRA for the Consumer Reporting Information in the Report that your Customer includes in its report to the End-user. Your Customer is not a "reseller" of information from our Report under FCRA§ 603(u) (which is 15 U.S.C. § 1681a(u)).
3. We are, and our obligations are limited to those of, a furnisher of information to a consumer reporting agency under the FCRA for the Consumer Reporting Information in in the Report.
4. Your Customer will not process the information in our Report outside of the United States.
5. Your Customer has verified, in a manner that conforms to law and all applicable industry standards, (i) the identity of the End-user, (ii) that the End-user is a legitimate business, non-profit, government, or other organization, and (iii) that the individual with whom your Customer is working actually represents that End-user.
6. Your Customer has provided the End-user with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Users.pdf), which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf), which appears at 12 C.F.R. part 1022 appendix K.
7. Your Customer will (and has obtained its end-user's agreement to) not process, use, or disclose any information in our Report other than in the ordinary course of business.
8. Your Customer will (and has obtained its end-user's agreement to):
  1. reproduce, and not remove, any statement in a Report (as displayed on our website) limiting the use of Name and Address History information provided in that Report, to the extent that you include that information in your report to the your Customer and it includes that information in its report to the End-user;
  2. not make any eligibility decision governed by the FCRA based on any Name and Address History information provided in a Report;
  3. ensure that any the Name and Address History information under your Customer's control is not (and never contend or admit that it is) a part of any "consumer report" or any Subject's "file" governed by the FCRA or any similar state law;
  4. not use the Name and Address History information for any purpose other than for your Customer to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability (which may include your Customer or its End-user selecting names, jurisdictions, or both names and jurisdictions for which to obtain information from us or other sources and your Customer or its End-user demonstrating that a Name and Address History was obtained before obtaining that other information); and
  5. comply with the portions of the Gramm-Leach-Bliley Act (which is 15 U.S.C. §§ 6801-09), under which the Name and Address History information is which "non-public personal information" and which limits further disclosure to anyone other than recipients that this agreement permits.
9. Your Customer will (and has obtained its end-user's agreement to) not to use any Driving Record information in a Report for any purpose other than verifying the accuracy of personal information submitted by the Subject to you (such as the existence of a valid driver's license or qualifying driving record) and, if that information is not correct, obtaining the correct information, but only for the purpose of preventing fraud by the Subject.
10. The End-user is not in one of the types of business listed in section 7.10 of our Terms of Service.
11. The End-user has certified the purpose for which it requested the information in your Customer's report to the End-user that you have requested from us in the Report and that it would use the information for no other purpose.
12. Your Customer has verified, in a manner that conforms to all applicable industry standards, that the End-user will use the information in your Customer's report to the End-user that you have requested from us in the Report for the purposes it certified.
13. Your Customer has no reason for believing that the End-user will use information in your Customer's report to the End-user that you have requested from us in the Report for any purpose other than the purposes it certified.
14. Under a written agreement between your Customer and the End-user, the End-user has requested the type of information that would be included in the Report.
15. Your Customer will provide information from the Report to no one but the End-user and the Subject, except as required by law.
16. A written agreement between your Customer and the End-user prohibits the End-user from giving information from the Report to anyone but the Subject, except as required by law.
17. If we request in writing, your Customer will audit the End-user in a manner designed to detect any violation of law or the certifications and agreements made by that End-user, provide us with a written report of your findings, and require the End-user to promptly correct any violations detected.
18. The End-user has made confirmations and agreements that protect us and the Subject no less protective than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
19. Your Customer has obtained the End-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although your Customer may refer to us as its supplier, data source, or similar generic description).
20. Your Customer will not use the Consumer Reporting Information in the Report for any purpose other than to comply with law and to prepare its own report to the End-user as a "consumer report" under the FCRA for the purpose that the End-user certified to you and for the End-user Purpose that you certified to us.
21. In order to allocate responsibilities between your Customer (as the principal) and us (as your Customer's agent) based on the Procedure you certified:
  1. If you certified to us a Procedure of Research or Research & Notify or did not certify a Procedure, your Customer:
    1. will not include any information copied from the results of our Public-Record Database Search in any report to an End-user; and
    2. will use information from our public-records database search only to identify names under which and jurisdictions in which to conduct traditional searches of public records.
  2. If you certified to us a Procedure of Validate or Validate & Notify, your Customer will confirm, complete, and update all information from the results of our Public-Record Database Search with information from a traditional search of public records before sending the report to the End-user.
  3. If you certified to us a Procedure of Assure or Assure & Notify, your Customer:
    1. will review all information from the results of our Public-Record Database Search to determine whether each public record is complete; and
    2. will confirm, complete, and update all such public records that are not complete with information obtained through a traditional search of public records before sending the report to the End-user.
  4. If you certified to us a Procedure of Match, Match & Notify, Restrict, or Restrict & Notify, you will identify (with your request for a search) the state that you or your Customer identified as the state whose law governs the report.
  5. Unless you certified to us a Procedure of Restrict or Restrict & Notify, your Customer will ensure that all reported information that we provided relates to the Subject.
  6. If you certified to us a Procedure of Restrict or Restrict & Notify, your Customer will include (with your request for a search) a full date of birth and a middle name, if the subject of the report has one.
  7. If you certified to us a Procedure of Research, Research & Notify, Validate, Validate & Notify, Assure, or Assure & Notify or did not certify a Procedure to us, your Customer:
    1. will ensure that the report to the End-user does not include information that we provided and that applicable law prohibits (including obsolescence prohibitions); and
    2. will use procedures that comply with applicable law to assure that all reported information that we provided is accurate, complete, and up-to-date.
  8. If you certified to us a Procedure of Research & Notify, Validate & Notify, Assure & Notify, Match & Notify, or Restrict & Notify, your Customer will, if public record information is in the report to the End-user, notify the subject of the report of the End-user’s identity and that public-record information is being reported to the End-user, in a manner that at a minimum complies with 15 U.S.C. § 1681k(a)(1) and any other applicable law, on behalf of every organization contributing public record information to the report, and no later than the time at which you provide the report to the End-user.
  9. Your Customer understands that the information provided by our Public-Record Database Search when configured for a Resale Intent of Conduit Resale is not necessarily complete or up-to-date as required by FRCA § 613(a)(2) (which is 15 U.S.C. § 1681k(a)(2)) or comparable laws. For that reason:
    1. If you certified a Procedure of Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify, we may remove records from the results of our Public-Record Database Search when we have reason to believe that they might not reflect the current public-record status of the underlying public record; and
    2. If you certified a Procedure of Match, Match & Notify, Restrict, or Restrict & Notify, we may remove records from the results of our Public-Record Database Search when we have reason to believe that they do not contain all data elements that are material to eligibility decisions made on those types of records.
  10. Our website permits you to elect whether we should fulfill Public-Record Database Search under certain circumstances where the Procedures that you certified might not be sufficient to fulfill requirements under state law that public-record information be complete, up-to-date, or received or verified within some set amount of time. If you elect for us to fulfill those searches and the End-user will use the report that the End-user receives is subject to the California Investigative Consumer Reporting Agencies Act, Connecticut General Statutes § 31-51i(h), Indiana Code § 24-4-18-7, New York General Business Law § 380-g, or any other state law requiring information in your report to the End-user to be complete, up-to-date, or received or verified within some set amount of time, your Customer will confirm, complete, and update all information from the results of our Public-Record Database Search with information from a traditional search of public records before sending the report to the End-user .
22. Your Customer will ensure that the information in a report to the End-user that contains Consumer Reporting Information from our Report does not conflict with or misleadingly duplicate any other information in the report to the End-user.
23. Your Customer will use reasonable quality-assurance measures, independent of any reliance on us, to avoid reporting to the End-user any Consumer Reporting Information from our Report that is prohibited from a consumer report under FCRA § 605 (which is 15 U.S.C. § 1681c) or under any state law that limits the contents of a consumer report.
24. Your Customer will ensure that its provision of information to the End-user based on the Report otherwise complies with all applicable laws.
25. Your Customer will consistently identify itself (and not us) as the consumer reporting agency for any Subject to contact to request a re-investigation, including any re-investigation of any Consumer Reporting Information that you obtained from us in a Report.
You have recorded the following information for each Report: (1) the name, address, and telephone number of the End-user; (2) the search terms and options that you submitted to us; (3) the date and time that you submitted the order to us; and (4) each purpose for which you furnish the Report or information from the Report to the End-user.
To the extent that you do not provide the information in that record to us as part of your order, you will hold the resulting record, as our agent, for five years after you receive the Report.
You will provide a copy of that record (which we will not use to compete with you or your Customer) promptly whenever we request it and immediately before you stop operating as a going concern.
If you or your Customer receives notice from a Subject disputing information in a Report:
1. you or your Customer will determine whether Consumer Reporting Information in the Report is incomplete or inaccurate as a result of any act or omission of yours or your Customer (respectively), within five days of receiving the notice;
2. you or your Customer will determine that the Consumer Reporting Information in the Report is incomplete or inaccurate "as a result of any act or omission" of yours or your Customer (respectively) under this Report Certification, FCRA § 611(f) (which is 15 U.S.C. § 1681i(f)), and any comparable statute:
  1. if that information does not relate to the Subject (despite matching the Subject to the degree required by your order), unless the Procedure you certified for the search was Restrict or Restrict & Notify;
  2. if that information is from an Public-Record Database Search and is missing the offense, disposition, or (if disposed) disposition date available in an underlying public record, unless the Procedure you selected was Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify;
  3. if that information is from an Public-Record Database Search and is out-of- date compared to an underlying public record, unless the Procedure you selected was Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify; or
  4. if that information is from an Public-Record Database Search and is no longer publicly available, unless the Procedure you selected was Assure, Assure & Notify, Match, Match & Notify, Restrict, or Restrict & Notify;
3. if information in the Report is incomplete or inaccurate as a result of any act or omission of yours or your Customer, you or your Customer (respectively) will convey the notice and your determination to us within five days of receiving the notice, reinvestigate the information on behalf of both you or your Customer (respectively) and us, correct or delete the information within 20 days after receipt of the notice, and inform us of your resolution of the request for reinvestigation as follows:
  1. if you or your Customer determines that the record does not relate to the Subject, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for Public-Record Database Search) and the name and social security number of the Subject to whom it does not relate;
  2. if you or your Customer determines that the record incompletely reflects the information in the underlying public record, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for Public-Record Database Search), the identity of the missing data elements, and the data for each of those elements;
  3. if you or your Customer (respectively) determines that the record has information that is not the same as the information in the underlying public record, you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for Public-Record Database Search), the identity of the data elements that are not currently reflected, and the correct data for each of those elements (which could be no data being stored in those elements); and
  4. if you or your Customer determine that the record is not publicly available at all (for example, it has been expunged), you or your Customer (respectively) will provide us with the information identifying the record (the record ID number for Public-Record Database Search);
4. you and your Customer hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part;
5. if information in the Report is not incomplete or inaccurate as a result of any act or omission of yours or your Customer, you or your Customer (respectively) will, within five days after receipt of the notice, convey to us the notice, your or your Customer's (respectively) determination, and all other information the Subject provided in the manner that we specify from time to time (including the form available at https://www.backgroundchecks.com/hubfs/backgroundchecksDOTcom-reseller-disputes.docx) and, if we subsequently provide a notice to you or your Customer about the dispute for you or your Customer (respectively) to deliver to the Subject, you or your Customer (respectively) will promptly convey that notice to the Subject.

Report Certification for Resale Intent of Non-CRA Resale

By ordering or receiving a Report for a Resale Intent of Non-CRA Resale, you certify the following. Any capitalized terms used in these certifications but defined in our Terms of Service have the meaning stated in our Terms of Service. To fulfill portions of your certifications, you may rely on the data elements that we provide you in any Public-Records Traditional Search that we perform for you being literally accurate as of the date on which we perform the Public-Records Traditional Search.

You not a "consumer reporting agency" or a "reseller" as the FCRA or any similar law defines those terms .
You are procuring the Report for a single resale to a single organization located in the United States that will be the End-user of the Report, that is not a "consumer reporting agency" under the FCRA, and that will not use the Report or any information in the Report in any manner other than that resale.
You will not process the information in our Report outside of the United States.
You have verified, in a manner that conforms to law and all applicable industry standards, (1) the identity of the End-user, (2) that the End-user is a legitimate business, non-profit, government, or other organization, and (3) that the individual with whom you are working actually represents that End-user.
We have provided you, and you have provided the End-user, with the Consumer Financial Protection Bureau's "Notice to Users of Consumer Reports: Obligation of Users under the FCRA" (available at https://www.backgroundchecks.com/hubfs/Obligations-of-Users.pdf), which appears at12 C.F.R. part 1022 appendix N, and "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf), which appears at 12 C.F.R. part 1022 appendix K.
You will not change Consumer Reporting Information in, remove Consumer Reporting Information from, or add Consumer Reporting Information to any Report that we provide to you.
You will not remove (or fail to transmit to your End-user) any statements, notices, or disclaimers that we provide you in any Report.
You will not combine, merge, or assemble any information we provide you in a Report with other information about the Subject (including information from any other Report).
You will not evaluate any Consumer Reporting Information we provide you in a Report. You will not evaluate any other information we provide you in a Report for the purpose of anyone's eligibility decision governed by the FCRA.
You will not make any eligibility decision governed by the FCRA based on any information included in a Report.
You will (and have obtained your end-user's agreement to) not process, use, or disclose any information in our Report other than in the ordinary course of business.
You will (and have obtained your end-user's agreement to):
1. reproduce, and not remove, any statement in a Report (as displayed on our website) limiting the use of Name and Address History information provided in that Report, to the extent that you include that information in your report to the End-user;
2. not make any eligibility decision governed by the FCRA based on any Name and Address History information provided in a Report;
3. ensure that any the Name and Address History information under your control is not (and never contend or admit that it is) a part of any "consumer report" or the "file" of any Subject governed by the FCRA or any similar state law;
4. not use the Name and Address History information for any purpose other than for us to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability (which may include us or your End-user selecting names, jurisdictions, or both names and jurisdictions for which to obtain information from us or other sources and us or your End-user demonstrating that a Name and Address History was obtained before obtaining that other information); and
5. comply with the portions of the Gramm-Leach-Bliley Act (which is 15 U.S.C. §§ 6801-09), under which the Name and Address History information is which "non-public personal information" and which limits further disclosure.
You will (and have obtained your end-user's agreement to) not use any Driving Record information in a Report for any purpose other than verifying the accuracy of personal information submitted by the Subject to you (such as the existence of a valid driver's license or qualifying driving record) and, if that information is not correct, obtaining the correct information, but only for the purpose of preventing fraud by the Subject.
The End-user is not in one of the types of business listed in section 4.10 of our Terms of Service.
The End-user has certified the purposes for which it requested the information in the Report and that it would use the information for no other purposes.
You have verified, in a manner that conforms to all applicable industry standards, that the End-user will use the information in the Report for the purposes it certified.
You have no reason for believing that the End-user will use information in the Report for any purpose other than the purposes it certified.
Under a written agreement between you and the End-user, the End-user has requested the type of information that would be included in the Report.
You will provide information from the Report to no one but the End-user and the Subject, except as required by law.
A written agreement between you and the End-user prohibits the End-user from giving information from the Report to anyone but the Subject, except as required by law.
If we request in writing, you will audit your End-user in a manner designed to detect any violation of law or the certifications and agreements made by that End-user, provide us with a written report of your findings, and require the End-user to promptly correct any violations detected.
The End-user has made confirmations and agreements that protect us and the Subject no less than those in the Report Certification for the End-user Purpose you certified to us in connection with the Report.
You have obtained the End-user's acknowledgement that we may rely on those confirmations and enforce those agreements directly as an intended third-party beneficiary (although you may refer to us as your supplier, data source, or similar generic description).
With your order, you have provided us the name, address, and telephone number of the End-user (which we will not use to compete with you) and (2) each purpose for which you furnish the Report or information from the Report to the End-user.
You will not use the Consumer Reporting Information in the Report for any purpose other than to comply with law and as a "consumer report" under the FCRA for the purpose that the End-user certified to you and for the End-user Purpose that you certified to us.
You understand that the information provided by our Public-Record Database Search is not necessarily complete or up-to-date as required by FRCA § 613(a)(2) (which is 15 U.S.C. § 1681k(a)(2)) or comparable laws and we may therefore not report all matching records available in those Public-Record Database Search.
You understand that we may apply to Reports that we provide to you the same stringent matching and filtering logic that we apply to Reports that we provide to our End-users. You accept the risk arising from that logic.
You will ensure that your provision of information to the End-user based on the Reports complies with all applicable laws.
You will consistently identify us (and not yourself) as the consumer reporting agency for any Subject to contact to request a re-investigation, including any re-investigation of Consumer Reporting Information that you obtained from us in a Report.
If you receive notice from a Subject disputing Consumer Reporting Information in a Report, you will immediately convey the entire notice to us. If we subsequently provide a notice to you about the dispute for you to deliver to the Subject, you will promptly convey that notice to the Subject.
You hereby permit us to supply information about records that are no longer publicly available to the national expungement clearinghouse of which we are a part.

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

By ordering or receiving a Report from us for an End-user Purpose of Employment-Related Screening, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

Report Certification for End-user Purpose of Trucking

By ordering or receiving a Report for an End-user Purpose of Trucking, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

Report Certification for End-user Purpose of Volunteer Screening

By ordering or receiving a Report from us for an End-user Purpose of Volunteer Screening , you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

The End-user will use the Consumer Reporting Information in the Report only as a "consumer report" under the FCRA and only for screening current or prospective volunteers of the End-user.
The Subject has given the End-user written instructions to obtain a consumer report about the Subject and the End-user will follow those instructions.
On our request within six years after the date of our Report, you will provide us a copy of the written instructions that the Subject gave.
The End-user has determined that using a consumer report to screen volunteers is not using a consumer report for "employment purposes" under the FCRA.
You are not relying on our guidance about whether using a consumer report to screen volunteers is using a consumer report for "employment purposes" under the FCRA.
You will protect us from all third-party (including governmental) claims that, or based on the assertion that, using a Report to screen volunteers is using a consumer report for "employment purposes" under the FCRA.
The End-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other credit or insurance transaction not initiated by the Subject.
The End-user will not use the Report in the course of any of the business listed in section 7.10 of our Terms of Service.
If Vermont's law applies to the Report, the End-user has obtained the Subject's consent to obtain that Report and will use the Report only for the purpose to which the Subject consented.
If the Report is an investigative consumer report under the FCRA, the End-user has given the Subject (1) a clear and accurate disclosure that an investigative consumer report including information on the Subject's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Subject has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf). If the Subject requests, the End-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Subject within five days.
If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Subject has given the End-user written permission to obtain an investigative consumer report.
If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the End-user has given the Subject a written statement that, upon written request, the End-user will inform the Subject whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Subject requests this information, the End-user will provide it in writing and will inform the Subject in writing that the Subject may inspect and receive a copy of the Report by contacting the consumer reporting agency.
The End-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
When the End-user takes adverse action based on information in the Report, the End-user will give the Subject oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Subject can obtain a free copy of a report on the Subject by requesting one from the consumer reporting agency within 60 days; and (5) that the Subject may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale and the End-user takes adverse action, the End-user will provide a copy of the report that it received with the notice of adverse action.

Report Certification for End-user Purpose of Tenant Screening

By ordering or receiving a Report for an End-user Purpose of Tenant Screening, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

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

By ordering or receiving a Report for an End-user Purpose of Non-Tenant Credit, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

Report Certification for End-user Purpose of Insurance Underwriting

By ordering or receiving a Report for an End-user Purpose of Insurance Underwriting, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

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

By ordering or receiving a Report for an End-user Purpose of Government License or Benefit, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

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

By ordering or receiving a Report for an End-user Purpose of Other Consumer-Initiated Transaction, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

The End-user will use the Consumer Reporting Information in the Report only as a "consumer report" under the FCRA and only for a legitimate business purpose in connection with a business transaction initiated by the Subject.
On our request within six years after the date of our Report, you will explain (in writing) the nature of the business transaction initiated by the Subject and provide documentation that the Subject initiated it.
The End-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other insurance transaction not initiated by the Subject.
The End-user will not use the Report in the course of any of the business listed in section 7.10 of our Terms of Service.
The End-user is not a law firm or, unless the End-user is an individual ordering a Report about himself or herself, a lawyer or working for a law firm or lawyer.
If Vermont's law applies to the Report, the End-user has obtained the Subject's consent to obtain that Report and will use the Report only for the purpose to which the Subject consented.
If the Report is an investigative consumer report under the FCRA, the End-user has given the Subject (1) a clear and accurate disclosure that an investigative consumer report including information on the Subject's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Subject has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf). If the Subject requests, the End-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Subject within five days.
If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Subject has given the End-user written permission to obtain an investigative consumer report.
If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the End-user has given the Subject a written statement that, upon written request, the End-user will inform the Subject whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Subject requests this information, the End-user will provide it in writing and will inform the Subject in writing that the Subject may inspect and receive a copy of the Report by contacting the consumer reporting agency.
The End-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
When the End-user takes adverse action based on information in the Report, the End-user will give the Subject oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Subject can obtain a free copy of a report on the Subject by requesting one from the consumer reporting agency within 60 days; and (5) that the Subject may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale and the End-user takes adverse action, the End-user will provide a copy of the report that it received with the notice of adverse action.

Report Certification for End-user Purpose of Other Written Consent

By ordering or receiving a Report for an End-user Purpose of Other Written Consent, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

The End-user will use the Consumer Reporting Information in the Report only as a "consumer report" under the FCRA and only in accordance with the written instructions of the Subject.
The Subject has given the End-user written instructions to obtain a consumer report about the Subject and the End-user will follow those instructions.
On our request within six years after the date of our Report, you will provide us a copy of the written instructions that the Subject gave.
The End-user will not use the Report for "employment purposes" under the FCRA, in connection with a current or prospective housing tenancy, in connection with the underwriting or extension of credit or insurance for personal, family, or household purposes, in connection with a governmental license or benefit for which the government instrumentality is required by law to consider financial responsibility or status, or in connection with a "firm offer of credit or insurance" under the FCRA or any other credit or insurance transaction not initiated by the Subject.
The End-user will not use the Report in the course of any of the business listed in section 7.10 of our Terms of Service.
The End-user is not a law firm or, unless the End-user is an individual ordering a Report about himself or herself, a lawyer or working for a law firm or lawyer.
If Vermont's law applies to the Report, the End-user has obtained the Subject's consent to obtain that Report and will use the Report only for the purpose to which the Subject consented.
If the Report is an investigative consumer report under the FCRA, the End-user has given the Subject (1) a clear and accurate disclosure that an investigative consumer report including information on the Subject's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, (2) a statement that that the Subject has the right to obtain a complete and accurate disclosure of the scope and nature of the investigation performed; and (3) the Consumer Financial Protection Bureau's "A Summary of Your Rights under the Fair Credit Reporting Act" (available at https://www.backgroundchecks.com/hubfs/Summary-of-Rights.pdf). If the Subject requests, the End-user will make a complete and accurate disclosure of the nature and scope of the investigation and deliver that disclosure to the Subject within five days.
If the Report is an investigative consumer report governed by the New Jersey Fair Credit Reporting Act, the Subject has given the End-user written permission to obtain an investigative consumer report.
If the Report is an investigative consumer report governed by the New York Fair Credit Reporting Act, the End-user has given the Subject a written statement that, upon written request, the End-user will inform the Subject whether it ordered an investigative consumer report and, if so, of the name and address of the consumer reporting agency that issued it. If the Subject requests this information, the End-user will provide it in writing and will inform the Subject in writing that the Subject may inspect and receive a copy of the Report by contacting the consumer reporting agency.
The End-user has (or will have timely) made any additional disclosures, offered any additional information, and obtained any additional authorizations required by state law.
When the End-user takes adverse action based on information in the Report, the End-user will give the Subject oral, electronic, or written notice: (1) of the adverse action being taken; (2) of the name, mailing address, toll-free telephone number, and website address of the consumer reporting agency that provided the information (which is us unless your Resale Intent is CRA Resale or Conduit Resale); (3) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the reasons why the adverse action was taken; (4) that the Subject can obtain a free copy of a report on the Subject by requesting one from the consumer reporting agency within 60 days; and (5) that the Subject may dispute the accuracy or completeness of any information provided by the consumer reporting agency.
If you are ordering the Report for a Resale Intent of No Resale or Non-CRA Resale and the End-user takes adverse action, the End-user will provide a copy of the report that it received with the notice of adverse action.

Report Certification for End-user Purpose of Employee Misconduct Investigation

By ordering or receiving a Report for an End-user Purpose of Employee Misconduct Investigation, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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

Report Certification for End-user Purpose of Non-FCRA

By ordering or receiving a Report for an End-user Purpose of Non-FCRA, you certify the following, with (1) any capitalized terms used in these certifications but defined in our Terms of Service having the meaning stated in our Terms of Service and (2) the term "End-user" having the meaning assigned by the Report Certifications that apply to your Resale Intent:

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