Check Criminal Record Terms of Use
IMPORTANT – PLEASE READ THESE TERMS OF USE. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AN EXCLUSIVE REMEDY, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
CheckCriminalRecord.com a Texas corporation, doing business as “Check Criminal Record” (“Check Criminal Record”), provides access to the background information services (“Services”) on the Check Criminal Record website at CheckCriminalRecord.com (along with all subdomains, collectively, the “Site”).
THIS IS A BINDING AGREEMENT. By using this Site and the Services provided by a Check Criminal Record membership (and any related sites, services and tools) you agree to be bound by the terms of this CheckCriminalRecord.com Website Terms of Use Agreement (“TOU”) and the CheckCriminalRecord.com Website Privacy Policy at: http://checkcriminalrecord.com/privacy (“Privacy Policy”).
If you do not wish to be bound by the TOU and Privacy Policy, you must leave this Site immediately. Your further use of the Site will be considered as acceptance of the terms of this TOU and the Privacy Policy.
You may not use this Site if you are not of legal age to form a binding contract with Check Criminal Record. If you are under 18 years old, you must leave this Site immediately.
Check Criminal Record reserves the right to update and change, from time to time, this TOU and all documents incorporated by reference. You can find the most recent version of this TOU at CheckCriminalRecord.com. Check Criminal Record will post a notice on its home page that this TOU has changed. Use of the Site after such changes constitutes acceptance of such changes.
- Fair Credit Reporting Act (FCRA) Notice
Check Criminal Record IS NOT A CREDIT REPORTING AGENCY (“CRA”) FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS OF USE. The information provided by Check Criminal Record has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Pursuant to this Agreement and applicable law, you are not permitted to use any of this information as a factor in: 1) establishing an individual’s eligibility for personal credit, loans, insurance or assessing risks associated with existing consumer credit obligations; 2) evaluating an individual for employment, promotion, reassignment or retention (including employment of household workers such as babysitters, cleaning personnel, nannies, contractors, and other individuals); 3) evaluating an individual for educational opportunities, scholarships or fellowships; 4) benefits, privileges or services provided by any business establishment; or 5) any other personal business transaction with another individual (including, but not limited to, leasing, renting or sale of a house, apartment or other dwelling). - Check Criminal Record’s License to User Content. You grant Check Criminal Record a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Check Criminal Record, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, royalty-free license to use User Content, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Check Criminal Record may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and convey the license set forth in this provision.
- Check Criminal Record Intellectual Property. Our Site and all of its contents (collectively, the “Intellectual Property”), are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Check Criminal Record or its licensors. Additionally, the Site itself is protected by copyright as a collective work, compilation, or both. No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Check Criminal Record. You may browse through the Site. You must keep intact all copyright, trademark and other notices. Except as otherwise provided in this TOU, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this TOU, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble, or in any way exploit any of our Intellectual Property or the Site itself.
- Use of the Site. You may not use this Site for any purpose that is unlawful or prohibited by this TOU, or cause damage on or through this Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Site, except those automated means that Check Criminal Record has expressly approved in writing in advance. You promise that none of your communications with or through the Site will violate any applicable local, state, national, or international law.
- Third Party Sites and Services. This Site may contain links to other sites owned by third parties. Your use of each of those sites is at your own risk and is subject to the terms of those sites. Check Criminal Record has no control over sites that are not ours, and Check Criminal Record is not responsible for any changes to, or content on, them. Check Criminal Record assumes no responsibility for the content of or services offered by linked third-party sites, and makes no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this Site reflect only the views of their authors and not of Check Criminal Record. Check Criminal Record’s inclusion on the Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
- Disclaimer of Warranties.
Check Criminal Record DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FOUND ON THE SITE OR THROUGH THE SERVICES. USE OF THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS AT YOUR SOLE RISK. THE SITE, THE SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Check Criminal Record DOES NOT WARRANT THAT THE SITE OR SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR SERVICES WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. Check Criminal Record IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SITE OR SERVICES. Check Criminal Record DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE OR SERVICES IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE Check Criminal Record MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. Check Criminal Record UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. Check Criminal Record DOES NOT REPRESENT THAT THE SITE, THE SERVICES OR ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. Check Criminal Record EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE SITE, THE SERVICES, AND ANY DATA ACCESSED WHILE USING THE SITE OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. - Limitation of Liability.
Check Criminal Record IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR SERVICES BY YOU OR BY THIRD PARTIES OR ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED WHILE USING THE SITE OR SERVICES, YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR SERVICES, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY EVEN IF YOU HAVE ADVISED Check Criminal Record IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS, OR PERSONAL INFORMATION.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Check Criminal Record IS FOUND LIABLE UNDER ANY THEORY, Check Criminal Record’S LIABILITY UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SITE AND THE SERVICES AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED RECEIVED BY Check Criminal Record FROM YOU FOR YOUR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH ABOVE. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE TERMS BELOW REGARDING SEVERABILITY BELOW WILL APPLY. - Indemnification. You will defend, indemnify and hold Check Criminal Record harmless from any claim or demand, including attorneys’ fees and costs, made by any third party in connection with or arising out of your use of the Site, your violation of any terms of this TOU, your violation of applicable laws, or your violation of any rights of another person or entity. You shall give prompt notice to the indemnifying party of the occurrence of any claims as to which indemnification may arise hereunder.
- Arbitration
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND Check Criminal Record, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOLWEDGE AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A Texas STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT, AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
The following procedures shall apply:
Any party that intends to make a claim shall first notify the opposing party in writing of such intention and shall describe in such notice, with reasonable particularity, the nature and basis of such claim, and the total amount of the claim. Within thirty (30) days of receipt of such notice, the party receiving notice of a claim shall provide a written response which, with reasonable particularity, sets forth its position concerning the claim. If the parties are unable to resolve the dispute arising from the claim by good faith negotiations to be conducted within the thirty (30)-day period following the written response, either of them may initiate binding arbitration pursuant to the terms and conditions set forth below.
In the event a party elects to proceed with binding arbitration, it shall provide written notice thereof to the other party by registered or certified mail. The arbitration shall be conducted by Judicate West, and shall be conducted using the then current Judicate West commercial rules and regulations (except as varied by this agreement). The arbitration shall take place in Dallas County, Texas, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
Separate and apart from the agreement to arbitrate set forth above, the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, this agreement. - Miscellaneous.
- Complete Agreement. This TOU, and Privacy Policy constitute the entire understanding between Check Criminal Record and you respecting use of the Site and the Services, superseding all prior agreements between you and Check Criminal Record. If there is any conflict between the terms this TOU and those in the Privacy Policy, the terms of this TOU will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions. If there is any conflict between the terms of this TOU.
- Governing Law; Jurisdiction; Attorneys’ Fees. You and Check Criminal Record agree that the laws of Texas (expect for conflicts of laws principles) will apply to all matters relating to this TOU. If for any reason, the Arbitration provision is deemed inapplicable or unenforceable, exclusive jurisdiction shall be with the courts of Texas in Dallas County for all disputes, actions, or proceedings arising out of or relating to this TOU. In any dispute between Check Criminal Record and you, including tort claims, the prevailing party will be entitled to attorneys’ fees and costs.
- Time to Bring a Claim. Regardless of any applicable law to the contrary, any claim or cause of action arising out of or related to this TOU must be brought within one year after such claim or cause of action arose.
- English Language Controls. This English-language TOU is Check Criminal Record’s official agreement with users of this Site. In case of any inconsistency between this English-language TOU and its translation into another language, this English-language document controls.
- Severability. If a provision of this TOU is held to be illegal, invalid or unenforceable, then: 1) it must be deemed amended to achieve as nearly as possible the same effect as the original provision, and 2) the legality, validity and enforceability of the remaining provisions of this TOU must not be affected or impaired.
- Survival. The following provisions shall survive termination of this TOU: 3, 4, and 7-11.
- Waiver. No failure or delay on the part of Check Criminal Record in exercising any right, power, or remedy under this TOU may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other right, power, or remedy under this TOU.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. If you have questions about this TOU or want to contact us, please send an email to support@CheckCriminalRecord.com or write to us at:
CheckCriminalRecord.com
12700 Hillcrest Rd #118
Dallas, TX 75230
Effective Date: April 20th, 2016