Terms of use effective as of January
1, 2008. Wholesalebackgroundchecks.com is owned and
operated by WBC, a Texas corporation, and for purposes
of this agreement ("Agreement"), shall be
known as "The Site". The Site provides access
to its databases of criminal records on a fee basis,
as outlined below. In order to access any of said databases,
users must agree to all of the following terms and conditions.
To access these records, you must check 'AGREE' where
indicated below. You will then be required to provide
credit card information for payments, after which you
may immediately begin using "The Site".
1. I understand that I am liable for all payments charged
to my account by me or anyone using my "Log in ID"
and "Password" to access any area of The Site.
2. I agree to pay for responses returned from my queries
of "Criminal Searches" even if said responses
include zero records.
3. The materials on this Site and the data in The Site's
databases are transmitted and distributed "as is"
and appear on The Site and in The Site's databases without
express or implied warranties of any kind, including,
but not limited to, warranties of title or non-infringement,
implied warranties of merchantability, or fitness for
a particular purpose. WBC. makes no warranty
as to the quality, accuracy, completeness, timeliness
and validity of any materials on The Site or in The Site's
databases.
4. I understand that, unless otherwise agreed to in a
writing signed by WBC., The Site will charge
me fees as follows: Criminal Records Search ($19.95 per
name, per jurisdiction) and a per search fee of $44.95
for Nationwide Criminal Summary (NCS) searches or "Other
Searches" as published on the Site. I can cancel
my account at any time by written notice faxed, e-mailed
or mailed certified mail return receipt requested to wholesalebackgroundchecks.com,
PO Box 271500, Flower Mound, Texas 75027, fax: (972) 317-8367
e-mail: info@wholesalebackgroundchecks.com; provided, however, I will
remain liable for all charges accrued up to that time.
I further understand that I am responsible for any expenses
incurred by WBC. for the collection of charges
incurred by my use of The Site or The Site's databases,
including reasonable attorney's fees.
5. I understand that all information contained in and
re-sold by WBC. is compiled from public records
obtained from state, local and federal government offices
and may not be 100% complete or accurate.
6. I have read the descriptions of the databases of wholesalebackgroundchecks.com
criminal records subject to this Agreement included on
each search page within The Site or attached hereto and
understand the depth and/or limitations of the contents
of each database.
7. Some of the information reported by The Site or obtainable
from The Site's databases, including all criminal records,
consttutes personal information that is regulated by the
Fair Credit Reporting Act (FCRA). The provisions of the
FCRA can be found at http://www.ftc.gov/os/statutes/fcrajan2002.pdf.
The Site arguably fits the definition of a "consumer
reporting agency" (CRA) and is required to comply
with certain provisions of the FCRA, including:
A) Section 607(d), which requires that we provide clients
with a prescribed notice of their duties as users of consumer
reports under the FCRA. Those duties are set forth at
http://www.ftc.gov/os/statutes/2user.htm and are hereby
being provided to you;
B) Section 609, which imposes the requirement that CRAs
disclose all the information in their files on a consumer
upon request; and
C) Section 604, which limits the purposes for which information
may be provided. Since we do not know the reasons why
our customers want access to the data provided in our
databases, we rely upon certifications provided by our
customers that the information is sought to be used for
(or to be provided for) employment purposes; tenant screening
purposes; purposes related to a business transaction initiated
by the consumer; other permissible purposes as defined
by the FCRA ((a) of Section 604 outlines all of the permissible
purposes in detail); OR that customers seek to use the
reports from our criminal records for personal reasons
that are in no way related to any business purpose.
8. I agree not to use the data obtained from The Site
or The Site's databases for any unlawful purposes, including
violations of state and federal employment laws or regulations,
including specifically, all applicable provisions of the
FCRA. I warrant that I will exercise reasonable precautions
to ensure that, in cases where I re-sell criminal records
from the site's databases, all users of said criminal
records also shall abide by the provisions of the FCRA
and all state and federal laws and regulations as pertains
to the disclosure and use of criminal records delivered
to them from the databases. I hereby certify that the
information I obtain from the site or the site's databases
will be used by me (and by any party to whom I furnish
information obtained from this site) for "permissible
purposes" as defined in the FCRA. In cases where
I do not furnish the information or reports I obtain from
this site to any other entity, then I will indicate that
my use is for personal reasons only.
9. In relation to ordering, receiving and using motor
vehicle records ("MVRs") for employment, independent
contractor, promotion, reassignment or retention purposes:
a. Customer certifies to be in compliance with all applicable
federal and state statutes and regulations including,
but not limited to, the FCRA and its state analogues,
the Driver's Privacy Protection Act, 18 U.S.C. §
2721 et seq., ("DPPA") and its state analogues,
and statutes and regulations governing fair information
practices.
b. Customer certifies that, upon request of Vendor, it
shall execute any and all certification forms required
by states from which the Customer receives MVRs.
c. Customer shall be prohibited from selling, disseminating,
or otherwise distributing any MVR, in whole or in part,
to any third party. Customer shall order, receive, and
use MVRs solely as an end user.
d. If Customer uses MVRs to take adverse action against
a consumer, Customer will notify, in writing, the adversely
affected individual, specifying that the MVR influenced
the employment decision. Further, Customer must provide
the adversely affected individual with Vendor' address
and toll-free national telephone number such that Vendor
can make full disclosure of any information reported or
held by Vendor on said consumer.
10. These terms and conditions are governed by and shall
be construed in accordance with the laws of the state
of Texas, without regard to conflicts of law provisions.
You hereby consent to the exclusive jurisdiction of and
venue of the courts in Denton County, Texas for all legal
actions related to The Site, The Site's databases, or
this Agreement. This Agreement constitutes the entire
Agreement between WBC., and you, and it supercedes
all prior or contemporaneous communications, promises
and proposals, whether oral, written or electronic. If
any provision of this Agreement is deemed void, unlawful
or otherwise unenforceable for any reason, that provision
shall be severed from this Agreement and the remaining
provisions of this Agreement shall remain in force.
11. WBC. Reserves the right to change the
fees charged for the use of The Site and for use of The
Site's databases, and these terms of use, at any time
for any reason.
12. I AGREE TO INDEMNIFY AND HOLD HARMLESS WBC., AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY
CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES AND EXPENSES
INCURRED BY WBC. IN DEFENDING ANY CLAIM FOR
DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES
I PERFORMED ON THE SITE OR THE SITE'S DATABASES.
13. I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND\OR
THE SITE'S DATABASES IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND
AND AGREE THAT WBC. WILL NOT BE RESPONSIBLE
TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT,
CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED
IN CONNECTION WITH MY USE OF THE SITE OR THE SITE'S DATABASES,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE
OF ACTION, EVEN IF WBC., wholesalebackgroundchecks.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
14. I make each of the above statements and certifications
with respect to me personally, as well on behalf of my
employer and any other person or entity to which I provide
reports or information based on data obtained from The
Site's databases. I have the authority to act on behalf
of all such other persons or entities in making these
statements and certifications.
15. I have received (as a printed attachment or by virtue
of clicking the hyperlink set forth in 7 A) above) the
prescribed notice of my duty as a user of a consumer report
under the FCRA.
16. In cases where I (or my agent or employer) provide
a third party with information obtained by me from The
Site or The Site's databases, I will provide all such
third parties with the prescribed notice of their duties
as a user of a consumer report under the FCRA.
17. In cases where I (or my agent or employer) re-sells
any of the information I obtained from The Site or The
Site's databases, I will, within twenty-four (24) hours
of furnishing a report which contains information obtained
from The Site or The Site's databases, disclose to wholesalebackgroundchecks.com
(via mail, fax or email directed to one of the addresses
specified in 4. above):
A) the identity of the end-user of the report (or information);
and
B) each permissible purpose under section 604 of the
FCRA for which the report is furnished to the end-user
of the report (or information).FAILURE TO COMPLY WITH
ANY PROVISION OF THIS AGREEMENT WILL RESULT IN TERMINATION
OF USER'S ACCOUNT! BY CHECKING "AGREE" IN THE
SPACE ON THIS PAGE, THE USER CERTIFIES THAT HE/SHE HAS
READ THE FOREGOING AGREEMENT IN ITS ENTIRETY AND AGREES
WITH ALL PROVISIONS HEREIN:
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