Screening Intelligence Terms Of Use

The TERMS under which SCREENING INTELLIGENCE LLC and their CUSTOMERS operate

I. YOUR ACCEPTANCE OF OUR TERMS

Welcome to SCREENING INTELLIGENCE!

Screening Intelligence, LLC (and all of its websites, heretofore collectively referred to as “Screening Intelligence” or “SI”) offers its products and services to you, subject to your agreement to these “Terms of Use”. When using Screening Intelligence products or services, you and Screening Intelligence shall be subject to all posted guidelines and rules associated with each product or service offered. All such guidelines and rules are contained in these “Terms of Use” (as modified from time to time), any written agreements between Screening Intelligence and any of its customers or partners (including the Member Agreement and Employer Certification of compliance with laws), and as otherwise set forth on our websites from time to time. These Terms of Use are subject to change from time to time without notice. If you do not agree to these Terms of Use, do not use this service. By using Screening Intelligence products or services, you are agreeing to be bound by the Terms of Use. Please note that some of Screening Intelligence’s e-commerce websites are governed by their own “Terms of Use”, and in using any of that website’s products or services, you will be bound to that website’s “Terms of Use” as well as this one.

II. DESCRIPTION OF SERVICE

Screening Intelligence currently provides consumers and businesses with access to public information and other useful data through its large network of third party information providers including court researchers, information providers, investigation firms, state and federal agencies and other organizations. Screening Intelligence distributes public records such as, criminal background records, eviction records, social security verification and driving records. In addition to public records the company also works with private parties to provide non-public information such as credit reports.

III. COMPLIANCE WITH LAWS

Prior to using any of Screening Intelligence’s websites, you must be sure that you have all necessary approvals from anyone that you seek information on, and otherwise comply with all federal, state and local laws with respect to obtaining, using and maintaining any information obtained from Screening Intelligence’s websites. You understand that you are responsible for accurately filling out any on-line or other forms requested by Screening Intelligence, and Screening Intelligence is not responsible for any typos or other mistakes in any ordering information which you may enter.

If you are an employer using the Screening Intelligence’s websites with respect to prospective or current employees for employment purposes, you must comply with the federal Fair Credit Reporting Act (“FCRA”). By using this website, you certify to Screening Intelligence that you will comply with all of the requirements of the FCRA. Among other things, FCRA requires prior written authorization from the employee or applicant, and certain disclosures to the employee or applicant. For more information on complying with FCRA, please contact your attorney. You may also find information at the Federal Trade Commission’s website, www.ftc.gov/bcp/edu/pubs/business/credit/bus08.shtm.

As a matter of policy, Screening Intelligence will not accept payments from any individual it knows to be under the age of 18. By requesting information from SI websites, you certify that if you are an individual and are 18 years of age or older.

IV. WARRANTIES AND DISCLAIMERS/LIMITATION OF LIABILITY

All products and services of Screening Intelligence as well as any information obtained through any of Screening Intelligence’s websites are comprised of information from third party information providers. As such, there is no guaranty that such information is accurate, and therefore all information is provided on an “as is” basis.

SCREENING INTELLIGENCE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS OR SERVICES ASSOCIATED WITH THIS SITE, OR THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SCREENING INTELLIGENCE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SCREENING INTELLIGENCE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE) OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SCREENING INTELLIGENCE, ITS OFFICERS, DIRECTORS, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

V. NO RESALE OF SERVICE/UNLAWFUL USE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial/illegal/or otherwise inappropriate purposes, any product/service or data of any kind derived from using any of Screening Intelligence websites.

As a condition of your use of the Screening Intelligence’s websites, you warrant to us that you will not use any of Screening Intelligence’s sites or services for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of the Terms of use, your authorization to use this service automatically terminates, and you must immediately cease use of any of Screening Intelligence’s products or services, including any materials that you may have previously printed.

VI. REFUND POLICY

Screening Intelligence LLC does not give credits or refunds for any of its furnished reports even when no records are found. We incur costs for every search we conduct on behalf of our clients and therefore offer no refunds for any of our completed reports (orders providing search results with or without criminal/public record data are considered completed transactions).

Screening Intelligence LLC will not issue a refund for the following:

• Customer made a data entry error
• Customer made a mistake placing an order
• Record sought was not retrieved because it fell outside of the search coverage outlined in our product descriptions
• Criminal record was sealed (in case of juveniles etc.) or record was expunged
• No Criminal Convictions were found (we do not return arrest records)

Refund or Credit Availability

If you place an order with SI and you do not get back the record results that should have been returned to you based on the coverage stated in our search descriptions, you are eligible for a full refund for your order. In most cases we will issue the refund within 3 business days. Before you place an order, it is imperative that you read the search description of the state or states you are performing the background check in; to ensure you understand what you are purchasing. If the description does not include coverage of the area you want searched, OR records pulled do not go back as far as you want, OR certain conviction types that you are looking for are not pulled (like misdemeanor or infraction offenses) do not place the order, as you will not get the search results you are looking for.

VII. YOUR OBLIGATIONS

Compliance with Laws/Fair Credit Reporting Act Compliance Certification

You understand and agree that you will only use any information obtained through Screening Intelligence’s websites in full compliance with federal, state and local laws.

IF YOU ARE AN EMPLOYER USING SCREENING INTELLIGENCE’S WEBSITES WITH RESPECT TO PROSPECTIVE OR CURRENT EMPLOYEES FOR EMPLOYMENT PURPOSES, BY USING THIS SITE YOU EXPRESSLY CERTIFY TO SCREENING INTELLIGENCE THAT ANY USE OF THE INFORMATION OBTAINED FROM SCREENING INTELLIGENCE WEBSITES WILL BE STRICTLY IN COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT, AND ALL OTHER APPLICABLE FEDERAL, STATE AND OTHER LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

• The information will be used for employment purposes only and for no other purposes;
• Prior to requesting the report:

• • You will make a clear and conspicuous disclosure in writing to the person that you are requesting a consumer report regarding the person;
  • You will obtain written authorization for the request from the person;

• The information in the report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation; and
• If an adverse action (that is, a decision not to hire, promote, retain or reassign) is proposed to be taken based in whole or in part on the report, you will comply with FCRA including,

• • providing the person with a copy of the report and a summary of the person’s rights under the FCRA before the adverse action is taken; and
  • after the adverse action is taken, notify the person of the adverse action and include the notices to the person required by the FCRA.

• You will hold the information in the report in strict confidence and maintain procedures to secure such information from unauthorized third party access or use.
• If the employee or prospective employee is a California resident, or you are based in California or otherwise required to comply with California law, you agree to abide by the California Investigative Consumer Reporting Agencies Act (“CICRA”), or other governing law, including (prior to obtaining the report where required):

• • providing a disclosure notice in writing to the person, including specific language described in CICRA;
  • obtain proper authorization from the person to obtain the report;
  • provide a means by which the person may request a copy of the report; and
  • follow all adverse action procedures.

If a criminal background check other than a county criminal background check was performed on an applicant/employee for any employment related purpose; and information came back from that search that is likely to have adverse actions against the applicant/employee, we require you (the employer) to place a county criminal background check where the criminal record was found to ensure the information discovered is both accurate and current. All customers should consult local, state and federal laws before any adverse action is taken against an applicant or employee.

CONDUCT

AS A CONDITION TO USING ANY SCREENING INTELLIGENCE’S WEBSITE, YOU EXPRESSLY REFRAIN FROM DOING ANY OF THE FOLLOWING:

You agree to not use any of our Products or Services to:

1. Upload, post, email, transmit or otherwise make available any information received from Screening Intelligence in an unlawful, harmful, harassing, abusive, threatening, or otherwise objectionable way.
2. Harm people in any way.
3. Impersonate any person or entity.
4. Intentionally or unintentionally violate any applicable local, state, national or international law.
5. Stalk, harass, intimidate or otherwise infringe on the rights of another person.
6. Collect, store or improperly use personal data about others.
7. Commit identity fraud

* Screening Intelligence co-operates fully with any law enforcement investigation concerning identity theft or credit card fraud.

Member account, password and security

You will receive a password and account designation upon becoming a member of one of our sites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Screening Intelligence of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Screening Intelligence cannot and will not be liable for any loss or damage arising from your failure to comply with this request.

VIII. SCREENING INTELLIGENCE PRIVACY POLICY

All information about you that we maintain is subject to our Privacy Policy.

You can view our Privacy Policy in full at: https://screeningintelligence.com/privacy-policy-screening-intelligence/

This website may contain links to other websites not affiliated with Screening Intelligence. Please be aware that SI is not responsible for the privacy practices of other sites. You should be sure to review the privacy policy of every website you may visit that collects personally identifiable information.

IX. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Screening Intelligence may establish general practices and limits concerning the use of its web services. You agree that Screening Intelligence has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by or through us. You acknowledge that Screening Intelligence reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Screening Intelligence reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.

X. MODIFICATIONS TO SERVICE

Screening Intelligence reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of its websites or services with or without notices. You agree that Screening Intelligence shall not be liable to you or to any third party for any modification, suspension or discontinuance of any of its websites or services.

XI. TRADEMARK INFORMATION

The trademarks, service marks and logos (the “Trademarks”) used and displayed on Screening Intelligence websites and/or services are registered and unregistered trademarks of Screening Intelligence and others. Nothing on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed Screening Intelligence websites or services, without the prior written permission of the Trademark owner. Screening Intelligence aggressively enforces its intellectual property rights to the fullest extent of the law. The Screening Intelligence name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Screening Intelligence. Screening Intelligence prohibits use of any links to their websites unless establishment of such a link is approved in advance by Screening Intelligence in writing. Fair use of Screening Intelligence’s Trademarks requires proper acknowledgment. Other product and company names mentioned in Screening Intelligence websites or services may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.

XII. COPYRIGHTS

Screening Intelligence websites and products, and all materials in such websites, including photographs, designs, illustrations, images and text are the copyrighted property of Screening Intelligence and its affiliates. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this or any of Screening Intelligence websites. For purposes of these Terms of Use, any use of the materials contained on this site or any other website or for any other purposes except as provided in these Terms of Use is expressly prohibited.

Screening Intelligence owns and operates the following websites:

Screening Intelligence – ScreeningIntelligence.com

Employment Screening – www.HRemploymentScreening.com

Instant Criminal Checks – www.InstantCriminalChecks.com

Criminal Background Checks – www.iCriminalChecks.com

Eviction Records – www.EvictionRecords.com

Tenant Screening – www.TenantScreening.biz

XIII. INDEMNITY AND HOLD HARMLESS

Screening Intelligence does not offer legal advice in any form or manner neither oral nor written nor other. All information provided by Screening Intelligence is never intended as legal advice, and therefore should not be interpreted as such. If you intend to use any of our products or services for employment or other screening purposes, we strongly recommend that you seek the guidance of a legal professional to insure that you are complying with all applicable laws.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SCREENING INTELLIGENCE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND ALL OTHER PARTNERS, FROM ANY CLAIM, DEMAND, LIABILITY, LOSS OR EXPENSE INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, THE USE/PURCHASE OF ANY OF OUR WEB SERVICES AND/OR PRODUCTS OR ANY INFORMATION SEARCHED OR OBTAINED THROUGH ANY OF SCREENING INTELLIGENCE’S WEBSITES OR THE INTERNET.

XIV. GENERAL DISCLAIMER

Screening Intelligence shall have the right at any time to change or discontinue any of its e-commerce sites and/or any aspect or feature contained or derived from any of its websites; including, but not limited to, content, hours of availability, pricing, and turnaround times.

Screening Intelligence shall have the right at any time to change or modify the terms and conditions applicable to the subscriber’s use of Screening Intelligence, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately. Notice of any changes or modifications of the terms and conditions applicable to the subscriber’s use of Screening Intelligence, or any part thereof, may be given by means including, but not limited to, posting on Screening Intelligence’s websites, or by electronic or conventional mail, or by any other means by which subscriber obtains notice thereof. Any use of Screening Intelligence’s services or products by subscriber after such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications or additions.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Screening Intelligence as a result of this agreement or your use of this Site.

Screening Intelligence’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SI’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SI with respect to such use.

Screening Intelligence and all of its websites, services and partners are committed to using the best available methods of servicing all of their customers. All data we store and access are obtained or used in compliance with the Fair Credit Reporting Act, and any other laws governing the use of public records. Final verification of any product or service you receive from us is the responsibility of you, the customer. Although every effort is made to assure the accuracy of the information contained in their products and services consistent with industry standards, we are not responsible for the content of any information obtained from Screening Intelligence websites. In addition, by using any Screening Intelligence’s site and becoming a customer of any site, you understand and accept that the information gathered is derived primarily from public records, which may not be one hundred percent accurate or complete.

Users should consult state and federal laws before using any information retrieved through a Screening Intelligence website in making decisions on hiring or firing of employees.

Screening Intelligence cannot and does not offer legal advice on how to use the information contained in its products and services, and is not responsible for any action taken by the customer based on this information. Screening Intelligence assumes no liability for any claims for damages arising from the use of any of its data beyond the actual cost of the product purchased or service performed.

XV. JURISDICTION

This Site resides on a server in Massachusetts, U.S.A. You agree that this agreement and your use of this Site are governed by the laws of the State of Massachusetts, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in the county of Middlesex, State of Massachusetts, U.S.A. in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. SI has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

The “Terms of Use” and the relationship between you and Screening Intelligence shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. The failure of Screening Intelligence to exercise or enforce any right or provision of this “Terms of Use” shall not constitute a waiver of such right or provision. If any provision of this “Terms of Use” is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this “Terms of Use” remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of any of our products and services, or this “Terms of Use,” must be filed within six months after such claim or cause of action arose or you will forever lose your right to proceed with such a claim or cause.

**Section titles in this “Terms of Use” are for navigation aid only and therefore have no binding contractual effect.

This document was last updated on January 30, 2019.

Copyright © 2019 Screening Intelligence LLC. All Rights Reserved.