Protection Plus Solutions
Protection Plus Solutions Shall be known as the “The Site” in this agreement. Our company strictly adheres to all EEOC, ADA and FCRA guidelines and regulations. The user agrees to the following terms and conditions when ordering this search.
1. I agree to pay for responses returned from my queries of “Instant Nationwide Criminal Check” even if said responses include no records found. I acknowledge that the price of each search is for one individual search only.
2. Fees for use of Protection Plus Solutions are posted on the various search pages. You agree to pay the fees associated with your use of the Protection Plus Solutions databases by providing us with a valid credit card. You hereby certify that you are an authorized user of the credit card. You understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. We further reserve the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete any search. You are responsible for (and must pay for) all use of our databases made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. Protection Plus Solutions will use reasonable efforts to deliver the information services to its customers, and to compile information gathered from selected public records and other sources; provided, however, customer accepts all information “AS IS”. All purchases are final with no refunds. Furthermore, Protection Plus Solutions accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of the information.
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. Protection Plus Solutions 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 all information contained in and re-sold by Protection Plus Solutions is compiled from public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
5. I have read the descriptions of the databases of Protection Plus Solutions criminal records subject to this Agreement included in the Our Data section within The Site or attached hereto and understand the depth and/or limitations of the contents of each database.
6. 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.
7. 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.
8. These terms and conditions are governed by and shall be construed in accordance with the laws of the state of California without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Contra Costa County California, for all legal actions related to The Site, The Site’s databases, or this Agreement. This Agreement constitutes the entire Agreement between Certified Background Services Inc, Protection Plus Solutions 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.
10. I AGREE TO INDEMNIFY AND HOLD HARMLESS PROTECTION PLUS SOLUTIONS AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY PROTECTION PLUS SOLUTIONS IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE OR THE SITE’S DATABASES.
11. 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 PROTECTION PLUS SOLUTIONS 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 Protection Plus Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
12. 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.
13. I have received (by virtue of clicking the hyperlink set forth in 5A above) the prescribed notice of my duty as a user of a consumer report under the FCRA.
14. 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.
CRIMINAL PPS FCRA SUBSCRIBER AGREEMENT
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE CLICKING THE “ACCEPT” BUTTON FOR THIS AGREEMENT. CLICKING AND ACCEPTING INDICATES THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER (“YOU” OR “YOUR”), AND YOU AND YOUR EMPLOYER HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. For purposes of this Agreement only, you understand that Criminal PPS is a consumer reporting agency and provides consumer reports and investigative consumer reports (“Screening Reports”) as defined by the Fair Credit Reporting Act (“FCRA”). Criminal PPS will furnish you with Screening Reports for employment background screening of applicants (“Applicant”), conditioned upon your compliance with this Agreement and fulfillment of all your obligations (including payment) under this Agreement (and any other agreements you and Criminal PPS may have).
YOU UNDERSTAND THAT THE PROVISIONS IN THIS AGREEMENT (INCLUDING WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY) REPRESENT AN AGREED UPON PRICE-RISK ALLOCATION. Criminal PPS WOULD NOT BE ABLE TO OFFER YOU ITS CURRENT PRICING STRUCTURE BUT FOR THIS ALLOCATION.
1. You and your company shall:
a) Comply with all applicable federal, state and local laws governing the access and use of Screening Reports. This includes, without limitation, providing any Applicant with any consents, disclosures and reports required by the FCRA, and obtaining the prior written consent of the Applicant before procuring a Screening Report on the Applicant.
b) Comply with FCRA Section 606(a) (2) and applicable state and local laws each time you request an “Investigative Consumer Report” (as defined by the FCRA and/or state and local laws) from Criminal PPS for any Applicant.
c) Assume full responsibility for the final verification of the Applicant’s identity.
d) Not request or rely on opinions from Criminal PPS regarding which applicant to hire.
e) Utilize independent legal advice regarding the use of any Screening Reports provided by Criminal PPS.
f) Keep strictly confidential in accordance with this Agreement any information and identification numbers and passwords you receive from or gain access through Criminal PPS (Criminal PPS may, upon request, have you provide a list of user names and e-mail addresses of all those authorized to access your account).
g) Not authorize any person to access the Criminal PPS site for the purpose of obtaining Screening Reports who is not your employee and who has not reviewed, understood and agreed in writing to be bound by the provisions of this Agreement.
h) Remain responsible for all your account activity and use your account only for your company’s internal business requirements, and for performing administrative functions pertaining thereto (i.e., HR and employment related functions). You may not sublicense, license, rent, sell, loan, give or perform marketing activities to make available all or any part of your account to a third party.
i) For six years from the date you receive the Screening Report, keep a copy or copies of: (1) the Screening Report, (2) the consent form you obtained from the Applicant for the applicable Screening Report, and (3) a description of how you used or relied on the Screening Report in making a decision about Applicant.
j) Pay Criminal PPS by VISA, MasterCard or other payment method as Criminal PPS may accept from time to time, for any Criminal PPS product or service.
k) Criminal PPS intellectual properties are protected by United States copyright laws and international treaty provisions. Criminal PPS owns and retains all right, title, and interest in and to the Criminal PPS websites, including all copyrights, patents, trade secret rights, trademarks (including service marks and logos), and other intellectual property rights therein. The rights granted to you under this Agreement do not transfer to you any title in any Criminal PPS intellectual properties, and you shall not acquire any rights except as expressly set forth in this Agreement. You shall not alter or remove any notices, graphics or text contained on or in any online content, Screening Reports, tests or underlying software (if any). You shall not copy, use, analyze, reverse engineer, decompile, disassemble, translate, convert or apply any procedure or process to any online content, tests, Screening Reports, or underlying software to ascertain, derive and/pr appropriate any source code, source listings, trade secret information or process contained therein.
2. Criminal PPS shall:
a) Comply with applicable federal, state and local laws in the preparation and transmission of Screening Reports (including, without limitation, providing an Applicant with the substance of the report and information contained in the Screening Report, upon receipt of a written request from an Applicant).
b) Follow reasonable quality assurance procedures to assure the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current.
c) Re-verify in writing, at no cost to you, any disputed Screening Report when either you or the Applicant makes a request in accordance with applicable law.
d) Maintain consumer report information and transaction details for a minimum of six (6) years.
e) Reserve the right to suspend or terminate your access to any Criminal PPS products or services, including the Screening Reports, if Criminal PPS believes you have breached all or portions of this Agreement.
3. Criminal PPS shall not: (1) provide any legal advice or counsel regarding your reliance upon or use of any Screening Reports; or, (2) assume any risk or liability associated with your use of the Screening Reports, Criminal PPS databases or information. Criminal PPS is not responsible for any failure to perform under this Agreement when such failure arises from or relates to any acts of God, public enemies, terrorism, civil war, insurrection, riot or demonstration, fire, flood, explosion, earthquake, accident, strike labor difficulties, work interruption or any other cause beyond its reasonable control.
4. LIMITED WARRANTY AND REMEDY. Criminal PPS warrants only that: (a) it will provide Screening Reports based on Criminal PPS’ then-current access to public databases and (b) it will follow reasonable quality assurance procedures regarding the accuracy of the information contained in a Screening Report and maintain reasonable procedures designed to confirm, to the extent possible, that the reported public record information is complete and current. If Criminal PPS materially breaches this warranty, it may, at its sole discretion, re-perform the applicable search or refund your fees for that search. You understand and agree that this is your sole and exclusive remedy for any breach of this warranty.
5. DISCLAIMER OF WARRANTIES. Screening Reports and other information in the Criminal PPS databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information on Applicants for verification purposes. Neither Criminal PPS nor any of its suppliers represents or warrants that the information is current, complete or accurate. Except for the limited warranty in Section 4 above, Criminal PPS HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY DATA, INFORMATION OR SCREENING REPORT, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND ANY IMPLIED INDEMNITIES.
6. LIMITATION ON Criminal PPS’ LIABILITY. NEITHER Criminal PPS NOR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF ANY DATA, INFORMATION OR SCREENING REPORTS SHALL BE LIABLE TO YOU OR ANY APPLICANT FOR ANY DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF ANTICIPATED BENEFITS, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY DATA, INFORMATION OR SCREENING REPORTS, UNLESS SUCH DAMAGES AROSE OUT OF Criminal PPS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Criminal PPS’ LIABILITY SHALL IN NO EVENT EXCEED FEES ACTUALLY PAID BY YOU AND RECEIVED BY Criminal PPS FOR THE SCREENING REPORTS. Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
7. Your Indemnification of Criminal PPS. You shall indemnify, defend and hold Criminal PPS harmless from and against any and all claims, demands, costs, expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable attorneys’ fees, expert witness fees and costs based upon any breach of this Agreement by you, including without limitation the illegal or wrongful use of any Screening Report, your gross negligence or intentional wrongdoing in connection with the use of the Screening Report, unsubstantiated claims brought by an Applicant, or your failure to comply with your obligations under the FCRA or other applicable federal, state or local laws.
8. Confidentiality. Each party shall treat all data and information, especially any Screening Reports, disclosed to you under this Agreement as strictly confidential. Screening Reports and the information and data contained in them shall not be distributed, sold or shared with any third party nor used by each party in any way except as expressly authorized by law. Disclosure of such information may be cause for criminal and/or civil legal action against either party and either party or any involved third party, and state agencies are not responsible for the defense of any such action.
ANY PERSON WHO WILLFULLY AND KNOWINGLY OBTAINS, RESELLS, TRANSFER, OR USES INFORMATION IN VIOLATION OF LAW MAY BE SUBJECT TO CRIMINAL CHARGES AND/OR LIABLE TO ANY INJURED PARTY FOR TREBLE DAMAGES, REASONABLE ATTORNEYS’ FEES, AND COSTS. OTHER CIVIL AND CRIMINAL LAWS MAY ALSO APPLY. Each party hereby affirms, agrees and covenants that such party is and shall remain in compliance with all applicable laws and the terms and conditions of this Agreement for the security and confidentiality of motor vehicle and driver records.
9. Term and Termination. This Agreement shall begin on the date you accept it, and continue until the first anniversary hereof (the “Initial Term”). After the Initial Term, it shall automatically renew for successive one-month periods (each one, a “Renewal Term”) unless either party provides notice of its intent not to renew within fifteen (15) days prior to the expiration of the then-current Initial Term or Renewal term (as the case may be). Criminal PPS may suspend or terminate this Agreement as described herein.
The first four paragraphs of this Agreement, 1(a), 1(f), 1(g), 1(i), 2(d), 3 through 11, and all your obligations under the “Employer Certification” provisions, below, shall survive any expiration or termination of this Agreement.
10. Priority of Documents. In the event there is a conflict between this Agreement and any other agreements between you and Criminal PPS, the relevant terms and conditions of this Agreement shall control.
11. General. This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Contra Costa County, California, USA. The parties hereby consent to personal jurisdiction over them by the courts within Contra Costa County, California, USA and waive all objection and challenge to such venue and personal jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any of the transactions contemplated by this Agreement. You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement or delegate any duties under this Agreement to any third party without Criminal PPS’ prior written consent, except for an assignment to your successors through merger, name change, consolidation, or sale of a majority of your stock or assets, and so long as such assignee continues in good faith to fulfill all your obligations hereunder. Any attempted assignment or transfer in violation of the foregoing will be void. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. In any controversy, claim or dispute arising out of or relating to this Agreement or the method or manner of performance thereof or the breach thereof, the prevailing party shall be entitled and awarded in addition to any other relief, its attorneys’ fees, expert witness fees and costs. If any term or provision of this Agreement or any application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions to person or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of the Agreement shall be valid and enforceable to the fullest extent permitted by law. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent or partnership or of any association between any of the parties hereto other than independent contracting parties. This Agreement shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and sent by telephone facsimile transmission, certified or registered mail with return receipt requested, or express courier or delivery service and addressed to you at the address noted below, then on record at Criminal PPS, or to such other address as you may from time to time specify by notice to Criminal PPS in writing. You may deliver notices to Criminal PPS, C/O: N. Ventimiglio, Legal Service of Process, 2010 Crow Canyon Place, 1st Floor, San Ramon, CA 94583. User Criminal Check” even if said responses include no records found. I acknowledge that the price of each search is for one individual search only.