Terms & Conditions
When you use any service or feature offered through InfoCheckUSA.net (InfoCheckUSA,LLC) all of which are hereinafter referred to collectively as "The Service", you agree to all of the terms and conditions of this Agreement and consent to Florida Jurisdiction. Please read the following terms and conditions carefully, as they constitute collectively the agreement (the “Agreement”) between you (the "User") and us.
If you do not agree to these terms and conditions, you will not use this service. By using this service and website you are agreeing to be bound by the terms of this agreement and consenting to Florida Jurisdiction.
Statement of Terms and Conditions -- If Client has requested access to and been approved for background check services that include receiving consumer reports from InfoCheckUSA, LLC., then in connection with requesting and/or receiving any reports from InfoCheckUSA LLC., Client certifies and agrees to:
(1) Review the Notice to Users of Reports: Obligations of Users under the Fair Credit Reporting Act, as amended (FCRA), at the website address set forth in the Sales Order or as otherwise provided by InfoCheckUSA LLC., and perform legal obligations as set forth in such notice.
(2) Use the information provided by InfoCheckUSA LLC. for the permissible purposes (the Permissible Purposes) only, and only in accordance with applicable law. The Permissible Purposes are: (i) legitimate business need in connection with a transaction initiated by a consumer, (ii) for the underwriting of insurance as a result of an application from the consumer or the review or collection of a consumer’s account (iii) for use by a potential investor or servicer, or current insurer, in validation of, or an assessment of, the credit repayment risks associated with an existing credit obligation (iv) for employment purposes. Client may disclose information within any report obtained from InfoCheckUSA LLC. hereunder, to the consumer or potential employee who is the subject of such report, in accordance with applicable law. Client certifies that it will use the information only for the specific Permissible Purposes set forth in the Sales Order.
(3) If reports will be used for employment decisions, make a clear and conspicuous disclosure to the applicant or employee, in writing and in a separate document that a consumer report may be obtained for employment purposes.
(4) Make a clear and accurate disclosure to the applicant or employee if an investigative consumer report (reference check) will be obtained, including a statement informing the subject of the report that additional information is available if requested.
(5) Obtain the proper written authorization from the applicant or potential employee for each consumer report and investigative consumer report prior to requesting any report.
(6) Provide proper additional notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision is going to be made due to information in any report obtained from InfoCheckUSALLC. If reports will be used for employment decisions, Client certifies and agrees to provide such additional notice, copy of the report and Summary of Rights to the applicant or employee in advance of any adverse decision regarding employment.
(7) Ensure that reports will be requested only by Client's designated representatives and only for the Permissible Purposes listed in the Sales Order.
(8) Be responsible for the final verification of the applicant’s identity.
(9) Be responsible for the security and dissemination of the customer number provided to Client by InfoCheckUSA LLC.
The Individual's Right to Access Personal Data Being Processed
Upon individual written request, InfoCheckUSA will inform you of whether any personal data of which you are the subject is being processed. If personal data of this nature is being processed, you have the right to receive (1) a description of the personal data, (2) the purposes for which the data is being processed, (3) a list of the recipients to whom the data may be disclosed, and (4) information regarding the source of the data. The information provided to you will be in a format that is easy to understand. All such written requests must be sent by letter or e-mail to the company listed at the end of this policy.
Exceptions to the Right to Access Personal Data
Pursuant to the Data Protection Act of 1998, there are several situations in which an individual does not have the right to request personal data. For example, you may not receive information located in your personal data which identifies another individual, unless either (1) the other individual provides permission or (2) it is reasonable to comply with the request without the consent of the individual. In addition, you do not have a right to personal data processed for the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of any tax or duty. Furthermore, parts of the personal data containing information constituting a trade secret or providing the logic involved in any decision-making may be withheld from disclosure. The Secretary of State may provide or order additional exemptions relating to health, education, social work, or government functions.
You have been invited to access and use the Hosted Service by Company or its representative. By accessing or otherwise using the Hosted Service (including any portion of the Hosted Service) or any of the data from the Hosted Service, you represent that: (a) you are either (i) a researcher providing information to Company in connection with a background check (or an employee or agent of, or consultant to, such a researcher who is authorized to accept these terms on behalf of that researcher, in which event "you" and "your" will refer to you and such researcher); or (ii) a customer purchasing background check services from Company (or an employee or agent of, or consultant to, such a customer who is authorized to accept these terms on behalf of that customer, in which event "you" and "your" will refer to you and such customer), and (b) you intend to be personally bound by the terms of this Agreement. If you are not so authorized or do not intend to be personally bound, Company is unwilling to provide you with access to the Hosted Service, and the access or use of the Hosted Service is a violation of U.S. and international copyright laws and conventions.
1. Defined Terms
“Hosted Service” means the provision of access over the Internet to the Company Intellectual Property for your Authorized Use.
“Authorized Use” means that you may access or use the Hosted Service only as follows: (a) if you are a researcher to Company, you may access and use the Hosted Service to provide information to Company in connection with a background check; and (b) if you are a customer of Company, you may access and use the Hosted Service to order and purchase background check services from Company.
“Company Intellectual Property” means the background check software as well as other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Hosted Service, whether owned by Company or licensed to Company by third party licensors, developers or other suppliers (collectively, “Suppliers”). Company Intellectual Property includes any modifications, error corrections, updates, enhancements, and upgrades to the Company Intellectual Property; any HTML code and/or Java applet(s) generated by or included in the Hosted Service; the Company’s website through which the Hosted Service is accessed; content included on the Company’s website and any information generated by or collected through use of the Hosted Service; and any associated media, training materials, printed materials, and online or electronic documentation.
2. Access and Use License to the Hosted Service
You may access and use the Hosted Service only for your Authorized Use. The extent to which you can access the Hosted Service is determined by Company and is further limited as specified in the Hosted Service user documentation contained in the “Online Help” screen. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the Hosted Service, or its contents, for any other purpose.
3. Ownership of Intellectual Property
The Hosted Service contains confidential trade secret information of Company and its Suppliers. Company (and its Suppliers) retains all right, title and ownership of the Hosted Service, including the Company Intellectual Property, and any and all proprietary rights (including patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks or proprietary inventions, designs, information, sequence, structure, organization, and functionality) with respect to all of the foregoing. Nothing in this Agreement is intended to convey any rights therein to you, other than the right to use the Hosted Service in the manner and to the extent permitted in this Agreement.
Upon your registration, Company will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service secur