This service agreement ("Agreement") by and among RecordsCheck.net ("RecordsCheck.net") and applicant, hereafter referred to as ("Subscriber"). Subscriber is granted a limited license to access RecordsCheck.net's on-line data retrieval system known as the ("Network") and the information therein, on the following terms and conditions:
1. SERVICE - RecordsCheck.net provides nationwide public record information, document retrieval and related services ( the "Services") through it's proprietary databases and from information obtained from third parties. Subscriber hereby subscribes to Services and agrees to pay RecordsCheck.net the applicable rates and charges assigned to each individual search as set forth within the current price sheet. Subscriber also agrees that RecordsCheck.net may change the price of a search from time to time as so long as RecordsCheck.net posts the new pricing prior to actually doing so.
2. LIMITATION OF LIABILITY - SUBSCRIBER HEREBY AGREES TO BEAR THE RISK OF ANY LIABILITY RELATING TO ITS USE OF THE SERVICE. ACCORDINGLY, SUBSCRIBER'S USE OF THE ONLINE SYSTEM IS ENTIRELY AT ITS SOLE RISK. RecordsCheck.net WILL NOT BE RESPONSIBLE TO SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES SUBSCRIBER MAY INCUR IN CONNECTION WITH OUR SERVICE, SUBSCRIBER'S USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
3. INDEMNIFICATION - Subscriber shall defend and indemnify RecordsCheck.net and hold it harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees), relating to Subscriber's use of Services. Subscriber is aware of the sensitive nature of information contained in the Services, and that its use may be controlled under state and federal law. Subscriber acknowledges this assumption of risk, and neither RecordsCheck.net nor any third parties underwrites this risk in any manner whatsoever.
4. DISCLAIMER OF WARRANTY - THE SERVICE IS PROVIDED "AS IS" AND RECORDSCHECK.NET MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
5. RESTRICTED LICENSE - RecordsCheck.net hereby grants to subscriber a restricted license to use the system in accordance with the acceptable use(s) identified by subscriber in the application and agreement. The application and agreement has identified industry specific appropriate uses for which it's services are to be used, and subscriber agrees to state its appropriate use for any requested information prior to accessing it, to limit its use to those stated purposes and to take appropriate measures so as to protect against the misuse of information provided pursuant to the services.
6. TERM OF AGREEMENT - The term of this Agreement shall extend from the date of RecordsCheck.net's acceptance, and shall continue until terminated without cause by either party upon thirty (30) days prior notice, or as otherwise provided herein. In the event Subscriber violates any portion of this agreement, RecordsCheck.net may immediately terminate this Agreement. Cancellation shall be the sole remedy available to Subscriber in the event of a default by RecordsCheck.net.
7. SUBSCRIBER'S COMPLIANCE WITH STATE AND FEDERAL LAWS - Subscriber shall not use the Network in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation, including but not limited to the Fair Credit Reporting Act (15 U.S.C.A. § 1681 et seq.), the Gramm-Leach-Bliley Act (GLB), and the Driver's Privacy Protection Act (DPPA). Misuse of the Service or Network shall constitute a material breach of this Agreement. Subscriber covenants that it will only use the Services for legitimate business purposes. Subscriber covenants that it will not use any credit information obtained by it through the Network as a factor in establishing consumer's eligibility for credit or insurance. subscriber hereby certifies to RecordsCheck.net that subscriber's use of certain identification-only products, including but not limited to credit header products, is pursuant to an exception under the GLB act as designated in Section F.
8. AUDIT - Subscriber understands and agrees that in order to ensure compliance with GLB, RecordsCheck.net will conduct occasional reviews of subscriber activity and may, on a random basis, contact subscriber to provide documentation of executed searches.
9. PAYMENT OF FEES - RecordsCheck.net currently utilizes an automated payment system that requires the subscriber to fund their account to conduct searches. Subscriber agrees that all credit card information that is input into the payment forms will be authorized by the individual whom the credit card is issued to. Subscriber also agrees that in the event of a dispute (chargeback), subscriber will bear all responsibility in satisfying the outstanding charge and a $25.00 (twenty-five dollars) processing fee.
I HEREBY CERTIFY that I am authorized to execute this application and agreement on behalf of the applicant listed above and that the statements I have provided in this application and agreement are true and correct. Further, I hereby certify that the applicant agrees to the terms and conditions set forth in this application and agreement.