1. Acceptance of Agreement
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties, and you do not receive any right or license in such materials by using this Site.
3. Service Marks
“uConfirm” and other logos, marks, slogans and designs that appear on the Site are our service marks and trademarks whether or not such logos, marks, slogans and designs are registered. Other third party product and company names mentioned on the Site may be trademarks of their respective owners and will be identified as such.
4. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes provided that you maintain all copyright notices and other policy notices contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use
We may make available through the Site employment, income and driver history (DOT) information (collectively, “Data”). All Data is provided on a non-exclusive license basis only for your internal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Data is provided for a charge in accordance with the terms stated on the Site and is subject to the limitations described in Section 15 below. The Data may be inappropriate or incomplete for your particular circumstances and you are responsible for determining the applicability of any and all Data provided through this Site. You recognize that information is obtained and managed by fallible sources, and that for the fees charged, uConfirm cannot guarantee or insure the accuracy or the depth of the information provided or insure the suitability, fitness or identity of the employee. Although reasonable effort is made to ensure accuracy, uConfirm does not act as the final guarantor of the information accuracy or completeness. uConfirm does not guarantee, represent or warrant that its service will prevent any loss, that its service may not be circumvented or that its services will in all cases provide the protection or information for which the services were intended.
7. Linking to the Site
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your Site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
The Site may contain advertising and sponsorships from third parties. Such third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in any third party advertiser’s or sponsor’s materials.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name, real business name and accurate information. Each registration is for your personal/business use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
10. Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
11. Third Party Content and Links
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site or accessible via links on the Site. You understand that the information and opinions contained in the third party content represent solely the thoughts of the author and do not necessarily reflect our beliefs and are not endorsed by us. In addition, you acknowledge that we are not responsible for the content, accuracy or completeness of any information in such third party linked sites and that such sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or your use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
15. Warranty Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS (COLLECTIVELY, THE “CONTENT”) AND DATA AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE CONTENT, DATA AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS AND WE DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES CAUSED BY ANY SUCH BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT, DATA OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DATA AND CONTENT PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE, CONTENT OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions on the Site or in any Data, services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Affiliated Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE DATA, CONTENT, PRODUCTS OR SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE FEES YOU HAVE PAID TO US IN CONNECTION WITH THE DATA OR SERVICES THAT GIVES RISE TO THE CLAIM, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
19. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Data provided therein.
20. Refund Policy
There will be no refunds for Data requested and received. Refunds may be issued if the requested Data is not received. If this occurs, uConfirm will first attempt to provide you with the data. To receive a refund, please fax your refund request to 404-829-1335 or email your request to email@example.com. Refunds will be charged to the credit card used to originally make the purchase. Your request must be received within thirty (30) days of the original charge date, otherwise, no refund will be made. uConfirm may revise this policy at anytime and it is your obligation to review this policy for any revisions.
21. Account Password and Security
You will choose a password during the uConfirm order and fulfillment process. You are responsible for maintaining the confidentiality of the password and your account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify uConfirm of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log off from your account at the end of each session. uConfirm cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
22. Credit Card Transactions
You may have the option to purchase Services over this Site using a credit card by sending that information over the Internet. This Site uses encryption technology to protect the information from access by unauthorized third parties. However, neither uConfirm, nor any third party with whom uConfirm contracts can guarantee that the encryption technology will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. A credit check may be performed for alternate means of payments. By sending any sensitive information over the Internet in connection with your use of this Site, you agree that neither uConfirm nor third party with whom uConfirm contracts will have any liability if the applicable encryption technology fails to protect your information.
23. Fair Credit Reporting Act (FCRA) Certification
You understand that information from uConfirm may only be ordered and utilized for employment and credit checking purposes only. This means that a report is used in conjunction with evaluating a Consumer for credit, employment, promotion, reassignment or retention as an employee. You may provide reports to end users only, who will not in any way distribute reports to any other third party. You will use the information on a one-time basis.
You certify that under FCRA section 607(a) you have a permissible purpose to obtain information from uConfirm or have taken steps to verify the identity and permissible purpose of the end user of the information.
In requesting and utilizing information from uConfirm, you certify that you and end users of the data provided by uConfirm are in conformity with the FCRA. You specifically affirm that in accordance with the FCRA that you have entered into the following required certifications with the end user:
the end user guarantees it will not sell, or in any way distribute reports to third parties
made a clear and conspicuous disclosure to the employee or applicant (“consumer”) in a separate document that a consumer report or investigative report may be requested before the report is obtained;
obtained written permission from the consumer authorizing procurement of the consumer report or investigative consumer report before any reports are ordered, and maintain such permission on file for a minimum of six years from the date of inquiry;
that when an investigative consumer report is sought, the end user will disclose that an investigative consumer report including information as to the consumer’s character, general reputation, personal characteristics and mode of living has been requested. This disclosure will be in writing and made not later than three days after the date on which the report was first requested. The disclosure will also include a statement informing the consumer of his or her right to request additional disclosures and will include a copy of the summary of rights of the consumer;
when a consumer makes a written request for additional disclosure of information about the investigative consumer report he or she may be the subject of within a reasonable time after receiving the initial disclosure, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure will be made in writing, mailed to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is later;
prior to taking any adverse employment action cause to be sent to the consumer a copy of the report which would serve as the basis for adverse employment action along with a copy of a document prepared by the Consumer Financial Protection Bureau (CFPB) called “Summary of Consumer Rights Under the FCRA.”;
will not use information from any consumer report or investigative consumer report in violation of any applicable federal or state equal employment opportunity law or regulation and will only be used for employment purposes and credit checking purposes;
24. Vermont Fair Credit Reporting Certification
The user acknowledges that it subscribes to receive various information from uConfirm in accordance with the Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the “VFCRA”) and the Federal Fair Credit Reporting Act, 15, U.S.C. 1681 et. Seq., as amended (the “FCRA”) and its other state law counterparts. In connection with continued use of uConfirm information services in relation to Vermont consumers, user hereby certify as follows:
Vermont Certification. User certifies that it will comply with applicable provisions under Vermont law. In particular, user certifies that it will order information services relating to Vermont residents, that are credit reports as defined by the VFCRA, only after user has received prior consumer consent in accordance with VFCRA § 2480e and applicable Vermont Rules. User further certifies that the attached copy of § 2480e of the Vermont Fair Credit Reporting Statute was received from uConfirm.
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999)
§ 2480e. Consumer consent
(a) A person shall not obtain the credit report of a consumer unless:
(1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or
(2) the person has secured the consent of the consumer, and the report is used for the purpose consented to by the consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to assure maximum possible compliance with subsection (a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision (a)(2) of this section to include in his or her request to the consumer permission to also obtain credit reports, in connection with the same transaction or extension of credit, for the purpose of reviewing the account, increasing the credit line on the account, for the purpose of taking collection action on the account, or for other legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted from time to time by the Consumer Financial Protection Bureau.
VERMONT RULES *** CURRENT THROUGH JUNE 1999 ***
AGENCY 06. OFFICE OF THE ATTORNEY GENERAL
SUB-AGENCY 031. CONSUMER PROTECTION DIVISION
CHAPTER 012. Consumer Fraud–Fair Credit Reporting
RULE CF 112 FAIR CREDIT REPORTING
CVR 06-031-012, CF 112.03 (1999)
CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing if the consumer has made a written application or written request for credit, insurance, employment, housing or governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer’s credit report has been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
25. UDAAP Compliance
If you are a provider of consumer financial products or services, you or your firm have implemented comprehensive and effective Unfair, Deceptive or Abusive Acts or Practices (UDAAP) compliance management programs. UDAAP implementation, training, and monitoring should be included throughout the compliance program with other laws and regulations.
This agreement shall be treated as though it were executed and performed in Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 15 and Section 16. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.