Policies and Terms

By utilizing our background checks and online record searches you automatically agree to the following terms of use.

Our Ordering and Terms of Use Agreement...

When you use any service or feature offered through USA-Background-Check.com all of which are hereinafter referred to collectively as "The Service", you agree to all of the terms and conditions of this Agreement and consent to Florida Jurisdiction. Please read the following terms and conditions carefully, as they constitute collectively the agreement (the “Agreement”) between you (the "User") and us.

If you do not agree to these terms and conditions, you will not use this service. By using this service and website you are agreeing to be bound by the terms of this agreement and consenting to Florida Jurisdiction.

Statement of Terms and Conditions -- If Client has requested access to and been approved for background check services that include receiving consumer reports from USA-Background-Check, then in connection with requesting and/or receiving any reports from USA-Background-Check Client certifies and agrees to:

(1) Review the Notice to Users of Reports: Obligations of Users under the Fair Credit Reporting Act, as amended (FCRA), at the website address set forth in the Sales Order or as otherwise provided by USA-Background-Check , and perform legal obligations as set forth in such notice.

(2) Use the information provided by USA-Background-Check for the permissible purposes (the Permissible Purposes) only, and only in accordance with applicable law. The Permissible Purposes are: (i) legitimate business need in connection with a transaction initiated by a consumer, (ii) for the underwriting of insurance as a result of an application from the consumer or the review or collection of a consumer’s account (iii) for use by a potential investor or servicer, or current insurer, in validation of, or an assessment of, the credit repayment risks associated with an existing credit obligation (iv) for employment purposes. Client may disclose information within any report obtained from USA-Background-Check LLC. hereunder, to the consumer or potential employee who is the subject of such report, in accordance with applicable law. Client certifies that it will use the information only for the specific Permissible Purposes set forth in the Sales Order.

(3) If reports will be used for employment decisions, make a clear and conspicuous disclosure to the applicant or employee, in writing and in a separate document that a consumer report may be obtained for employment purposes.

(4) Make a clear and accurate disclosure to the applicant or employee if an investigative consumer report (reference check) will be obtained, including a statement informing the subject of the report that additional information is available if requested.

(5) Obtain the proper written authorization from the applicant or potential employee for each consumer report and investigative consumer report prior to requesting any report.

(6) Provide proper additional notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision is going to be made due to information in any report obtained from USA-Background-CheckLLC. If reports will be used for employment decisions, Client certifies and agrees to provide such additional notice, copy of the report and Summary of Rights to the applicant or employee in advance of any adverse decision regarding employment.

(7) Ensure that reports will be requested only by Client's designated representatives and only for the Permissible Purposes listed in the Sales Order.

(8) Be responsible for the final verification of the applicant’s identity.

(9) Be responsible for the security and dissemination of the customer number provided to Client by USA-Background-Check LLC.

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Terms of Use Agreement Governing Use of the USA-Background-Check Hosted Service

IMPORTANT — READ CAREFULLY: This Terms of Use Agreement ("Agreement") is a legal agreement between USA-Background-Check ("Company") and the person accessing the Hosted Service ("you"), and governs your use of the Hosted Service.

You have been invited to access and use the Hosted Service by Company or its representative. By accessing or otherwise using the Hosted Service (including any portion of the Hosted Service) or any of the data from the Hosted Service, you represent that: (a) you are either (i) a researcher providing information to Company in connection with a background check (or an employee or agent of, or consultant to, such a researcher who is authorized to accept these terms on behalf of that researcher, in which event "you" and "your" will refer to you and such researcher); or (ii) a customer purchasing background check services from Company (or an employee or agent of, or consultant to, such a customer who is authorized to accept these terms on behalf of that customer, in which event "you" and "your" will refer to you and such customer), and (b) you intend to be personally bound by the terms of this Agreement. If you are not so authorized or do not intend to be personally bound, Company is unwilling to provide you with access to the Hosted Service, and the access or use of the Hosted Service is a violation of U.S. and international copyright laws and conventions.

1. Defined Terms

“Hosted Service” means the provision of access over the Internet to the Company Intellectual Property for your Authorized Use.

“Authorized Use” means that you may access or use the Hosted Service only as follows: (a) if you are a researcher to Company, you may access and use the Hosted Service to provide information to Company in connection with a background check; and (b) if you are a customer of Company, you may access and use the Hosted Service to order and purchase background check services from Company.

“Company Intellectual Property” means the background check software as well as other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Hosted Service, whether owned by Company or licensed to Company by third party licensors, developers or other suppliers (collectively, “Suppliers”). Company Intellectual Property includes any modifications, error corrections, updates, enhancements, and upgrades to the Company Intellectual Property; any HTML code and/or Java applet(s) generated by or included in the Hosted Service; the Company’s website through which the Hosted Service is accessed; content included on the Company’s website and any information generated by or collected through use of the Hosted Service; and any associated media, training materials, printed materials, and online or electronic documentation.

2. Access and Use License to the Hosted Service

You may access and use the Hosted Service only for your Authorized Use. The extent to which you can access the Hosted Service is determined by Company and is further limited as specified in the Hosted Service user documentation contained in the “Online Help” screen. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the Hosted Service, or its contents, for any other purpose.

3. Ownership of Intellectual Property

The Hosted Service contains confidential trade secret information of Company and its Suppliers. Company (and its Suppliers) retains all right, title and ownership of the Hosted Service, including the Company Intellectual Property, and any and all proprietary rights (including patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks or proprietary inventions, designs, information, sequence, structure, organization, and functionality) with respect to all of the foregoing. Nothing in this Agreement is intended to convey any rights therein to you, other than the right to use the Hosted Service in the manner and to the extent permitted in this Agreement.

4. Passwords

Upon your registration, Company will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service security; and (d) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Company reserves the right to suspend, or to refuse any further, access or use of the Hosted Service if Company learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you (and not Company) are responsible for maintaining the confidentiality of the password and that you (and not Company) are liable for any harm that may result from disclosing (or allowing the disclosure of) your password or other breach of this Agreement.

5. Prohibited Actions

As a condition to your Authorized Use of the Hosted Service, you must use the Hosted Service for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Company, in its sole and absolute discretion, will determine:

(a) Restrict or inhibit any authorized users from accessing or using the Hosted Service;

(b) Transmit to or introduce at the Hosted Service any viruses intended to damage, interfere with, disrupt, intercept or expropriate the Hosted Service ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect ("System Attacks");

(c) Use the Hosted Service for any purposes that are unlawful or illegal under any law, regulation or legal requirement or that could give rise to civil or criminal liability or actions against Company (or its Suppliers), you or any other third party;

(d) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary revisions (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or

(e) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Hosted Service that infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights.

6. Other Restrictions and Limitations Applicable to Your Use of the Hosted Service

(a) Confidentiality. The Hosted Service is confidential and proprietary to Company (and its Suppliers). You agree that, unless you have the express written consent of Company, you will not disclose, transfer or otherwise provide to any third party all or any part of such Hosted Service except as authorized by this Agreement.

(b) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Company Intellectual Property, including any other technology utilized to provide the Hosted Service.

(c) No copies or modifications. You may not modify, publish, participate in the transfer or sale of, or create new works from any of the Hosted Service, in whole or in part.

(d) Rental. You may not rent or lease any of the Hosted Service.

(e) Proprietary Notices. You may not remove any copyright, trademark or other proprietary notices from the Hosted Service or any content or information generated from it.

7. Termination

Your access to and use of the Hosted Service may be terminated, limited, denied or disabled at any time, without the necessity of Company sending you notice or otherwise advising you of your loss of rights, if you use the Hosted Service in a way that is not authorized or if you otherwise violate any of the terms, conditions or restrictions stated in this Agreement. Accordingly, you may or may not be able to recover information stored on the Hosted Service. Termination or cancellation of this Agreement will not affect any right or relief to which Company or its Suppliers may be entitled, at law or in equity. Upon termination of this Agreement, all rights to use the Hosted Service will terminate.

8. Disclaimer of Warranty.

The Hosted Service is provided "AS IS," without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE HOSTED SERVICE, AND ACCESS TO THE HOSTED SERVICE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF OR ACCESS TO THE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR ACTUAL RIGHTS MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

9. Indemnification

You agree to indemnify, defend, and hold harmless Company and its Suppliers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Hosted Service by you or any other person who accesses the Hosted Service using your login ID or password; (b) any violation of this Agreement; or (c) any violation of any rights of a third party.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOSTED SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED $75 (SEVENTY-FIVE DOLLARS).

11. Claims Regarding Your Use of The Hosted Service

This Agreement is governed by and is to be construed under the laws of the State of Florida. The sole jurisdiction and venue for any litigation arising out of this agreement will be an appropriate state or federal court in Duval County, Florida. You hereby consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If Company brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of this Agreement, Company will be entitled to recover from you (and you agree to pay), in addition to all damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court will reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this Agreement.

12. Entire Agreement; Changes to this Agreement

The terms of this Agreement constitute the entire and exclusive agreement between you and Company regarding the Hosted Service and its use, and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Hosted Service. Company retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes Company may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. Otherwise, this Agreement may not be superseded or modified except in a writing signed by an authorized representative of Company. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Hosted Service. If you have any questions concerning this Agreement, please contact Company by emailing: info@USA-Background-Check.com

At USA-Background-Check, we are committed to protecting your privacy. We use the information we collect to process orders and provide a more personalized Internet experience. Please read on for more detail about our security policy.

How We Use the Information We Collect

When you order, we need to know your name, e-mail address, mailing address, credit card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status
When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about new products that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of our site.

We may also use the information we collect to occasionally notify you about important functionality changes to the Web site, new USA-Background-Check, LLC. products and special offers we think you'll find valuable. Registering with USA-Background-Check, LLC. allows you to personalize your start-up page and participate in forums and chat rooms. Once you have registered, we will ask you for your account name and password to log in to these areas. We may use aggregate, non-identifying information about our members to market our site to advertisers and other third parties.

How We Protect Customer Information

When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. In the unlikely event unauthorized use of your credit card occurs, follow the reporting procedures defined by your credit card provider and contact us immediately. If you are more comfortable with inputting your credit card number over the phone, you can call our Customer Service Center with your credit card information. For customer service call 1.888.968-8374

Modifying Personal Information

If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate user's personally identifiable information. This can usually be done by logging into your account or by emailing our Customer Support , or contact us by telephone or postal mail at the contact information listed below.

Security

This Web site takes every precaution to protect our user's information. When users submit sensitive information via the Web site, their information is protected both online and off-line.

When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator, Firefox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just surfing.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our user's information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Finally, the servers that store personally identifiable information are in a secure environment, behind a firewall.

What We Do With Our Information

USA-Background-Check, LLC. does not sell, trade or rent your personal information to others. Also, USA-Background-Check may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

E-mail addresses may be used to send out periodic product and special announcements. If at any time you do not want to receive additional information from USA-Background-Check, send an e-mail to sales@USA-Background-Check.com with subject line "remove from USA-Background-Check e-mailing list" and a brief comment as to your reason for being removed from the list. We ask for a comment only to improve our customer and member service.

Service Providers

We partner with other third parties (government agency, private database agency) to provide specific services. When the user signs up for these particular services, we share names, or other contact information, SSN Data of Birth that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Log Files

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. IP addresses are tied to personally identifiable information to enable our Web-based service.

Your Consent

By using our Web site, you consent to the collection and use of this information by USA-Background-Check. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Notice and Choice
When acting as a data processor within the meaning of the Data Directive, USA-Background-Check, LLC reserves the right to process personal information on behalf of and under the direction of our law firm and corporate clients without providing notice to individuals or Data Protection Authorities to the extent permitted by the Safe Harbor Agreement. When collecting data in the EU, USA-Background-Check, LLC acts on behalf of and under the direction of our law firm and/or corporate clients, to collect only data relevant to the litigation or other matter at hand. Individuals and business entities from which we collect data are provided with information regarding the purpose for which data is being collected, how it will be used and the type of non-agent third parties, if any, to which we disclose personal information. These individuals or entities are also provided with information about the choices and means offered by USA-Background-Check, LLC for limiting the use or disclosure of their personal data.

Disclosure and Transfer
USA-Background-Check will not disclose an individual’s personal data to any third party without the consent of our company or corporate clients unless one or more of the following are true:

The individual has consented, in writing, to the disclosure;

The disclosure is required by law or other professional standards;

The personal data is publicly available;

The disclosure is reasonably necessary for the establishment or defense of legal claims;

The transferee provides an adequate level of protection for the personal data within the meaning of the Data Directive or has agreed in writing to provide an adequate level of protection for the personal data consistent with the options provided in the Data Directive for transfers pursuant to written agreements;

In the event of a sale or transfer of assets in connection with an acquisition, merger, reorganization, sale or bankruptcy, USA-Background-Check, LLC reserves the right to make such disclosure upon providing notice to the law firm and/or corporate clients for whom such data is being held.

Access
USA-Background-Check agrees to offer individual citizens of the EU or EEA with access to their personal data for purposes of correcting, amending or deleting inaccurate information unless the cost or burden of providing the access and changing or deleting the data proves unreasonable in view of the risk to the individual’s privacy. A reasonable fee compensating USA-Background-Check for resource use related to accessing, changing or deleting the personal information may be imposed.

Security
USA-Background-Check, LLC takes reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our security measures include physical, electronic, workflow and managerial protocols to safeguard and secure the personal data we process.

Data Integrity
USA-Background-Check processes personal information only in ways that are compatible with the purpose for which the data was collected or subsequently authorized by the individual. USA-Background-Check will take reasonable steps to ensure information is relevant to its intended use and remains accurate, complete and current.

Compliance:

USA-Background-Check, LLC will follow any advice given by the Data Protection Authorities, including remedial or compensatory measures for individuals affected by non-compliance, and will provide the Data Protection Authorities with written confirmation that such corrective action has been taken, subject to the Company’s right to dispute the requested actions or remedial measures with the Federal Trade Commission.

DISPUTE RESOLUTION:

Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the USA-Background-Check Privacy Office at the address given below. USA-Background-Check will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between USA-Background-Check and the complainant, USA-Background-Check has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.

USA-Background-Check.com websites may contain links to other "non-USA-Background-Check" websites. USA-Background-Check assumes no responsibility for the content or the privacy policies and practices on those websites. USA-Background-Check encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of USA-Background-Check.

In Summary

USA-Background-Check is committed to full compliance with Safe Harbor Privacy Principles under this Privacy Policy. Questions or complaints should be directed to the Company’s president & Chief Executive Officer. We are committed to protecting your privacy. We use the information we collect on the site to make ordering at USA-Background-Check. possible and to enhance your experience. We do not sell, trade or rent your personal information to others.

Welcome to USA-Background-Check.com

Policies and Terms

Our Ordering and Terms of Use Agreement...