User Agreement

 

User Agreement and Terms

CriminalScreen.com and its affiliates and parent company shall be known as "The Site" in this agreement. In order to access any of its databases, users must agree to all of the following terms and conditions.

Refund Policy: Refunds are granted on a case-by-case basis and are at the descretion of management. Customers are urged to contact us at webmaster@criminalscreen.com regarding issuance of refunds.

1. I agree to pay for responses returned from my queries of "Criminal Searches" even if individual searched has no criminal convictions.

A) I acknowledge that each individual search fee is per search, not unlimited searching.

2. 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. The CriminalScreen.com makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Site or in The Site's databases.

3. I understand that all information contained in and re-sold by CriminalScreen.com is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.

4. I have read the descriptions of the databases of CriminalScreen.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.

5. Some of the information reported by The Site or obtainable from The Site's databases, including all criminal records, constitutes 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 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 clients 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); and no other purpose.

6. 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.

7. These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Florida, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Broward County, Florida for all legal actions related to The Site, The Site's databases, or this Agreement. This Agreement constitutes the entire Agreement between CriminalScreen.com, CriminalScreen.com 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.

8. CriminalScreen.com 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.

9. I AGREE TO INDEMNIFY AND HOLD HARMLESS CriminalScreen.com , AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED BY CriminalScreen.com IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE OR THE SITE'S DATABASES.

10. 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 CriminalScreen.com 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 CriminalScreen.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

11. 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.

12. I have received (by virtue of clicking the hyperlink set forth in 5 A) above) the prescribed notice of my duty as a user of a consumer report under the FCRA.

13. 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.

All client information and searches are kept confidential.