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Investigation Professionals End User Agreement1.
AGREEMENT
This End User License Agreement (“Agreement”)
is entered into by and between Investigative Professionals
(hereinafter, the “Company”), which provides the
information retrieval Website, and the Customer (hereinafter, "Customer,”
“You,” or “Your”). Customer electronically accepts the terms of the
Agreement, which is
effective (“Effective Date”), upon Customer’s receipt of a
Username and Password, enabling Customer to access to the Website.
2.
ACCESS TO THE WEBSITE
Investigative
Professionals hereby grants to Customer a nontransferable,
nonexclusive license to access the Company Website (the “Website”), during Customer’s normal hours of operation, solely for
the purpose of performing research and related work in the
regular course of Customer’s business. Customer understands and
agrees that it's access to
information through the Website is subject to restrictions imposed upon Customer
by data repositories, as well as applicable local, state and federal
laws. Customer agrees to comply with all such restrictions
and such restrictions are incorporated herein by reference.
Customer further acknowledges and warrants that: it has
received copies of, has read, understands, and agrees to abide by
the Fair Credit Reporting Act (FCRA) as amended by the
Fair and
Accurate Credit Transactions Act of 2003 (FACT Act), the
Americans
with Disabilities Act (ADA) and other applicable equal opportunity
laws, the Gramm-Leach-Bliley Act of 1999 (GLBA) and the
Driver
Privacy Protection Act (DPPA), as well as the laws of the
applicable state issuing Motor Vehicle Records (MVRs); compliance and keeping up to date with such
requirements and laws is the responsibility of the Customer; and
it has a permissible purpose as defined in the
FCRA and
obtained a proper release and authorization from each applicant
prior to requesting information on that applicant. The
Company hereto, as well as the
Suppliers reserve the right at any time
and without prior notice to limit Customer’s access to the Web
Site in order to perform repairs, make modifications, per industry
or legal mandate or as a result of circumstances beyond the
reasonable control of the Parties and the Suppliers.
3.
INQUIRIES REGARDING INFORMATION.
All questions or comments concerning the availability or delivery of the
Background Information should be directed to Company at the address, phone
and numbers indicated on the Website.
4.
PASSWORDS.
To permit authorized Customer personnel to
process Information through the Web Site, Company shall
assign username and password to Customer. Customer is
responsible and will be billed for all use of the services used
under the Usernames and Passwords assigned to it. If Customer learns or suspects
that unauthorized use of its account is taking place, Customer
shall immediately notify Company and Company will reassign a new Password and
User name.
5. SOLE USE.
The Information accessed through the
Website is for the sole and internal use of the Customer and
except as permitted by a separate writing signed by both parties,
may not be resold, sub-licensed or otherwise revised in any way or
delivered to any third party. Customer agrees that it will secure
information on individuals solely for
its use in collection, underwriting, tenant or employment
transactions between itself and the individual to whom information
refers and/or for such other “permissible purposes” related to a
transaction as are defined by the FCRA and that it will
neither request nor use any such information for any other
purpose.
6. OTHER LEGAL REQUIREMENTS.
Customer agrees that it will
obtain and retain on file appropriate release, application and/or
authorization forms from any credit applicant, job applicant or
other individual on whom such a report is sought; that it will
disclose information to each such individual as and when required
by law; and that information
(if applicable) will be sought on such individual; and that it
will advise the individual terminated or when an application is declined, based in whole or in
part on the Report Information.
Customer agrees that it will retain the releases, applications
and/or authorization forms described above for twenty-five months
and that it will make available such releases, applications and/or
authorization forms to the Parties upon request. Customer further
agrees to take all reasonable precautions to ensure that information on individuals will be held in strict
confidence, disclosed only to those of its employees whose duties
reasonably relate to the legitimate business purpose for which the
information was requested and not disclosed to any other person in
whole or in part unless required by valid subpoena or court order.
7.
INDEMNIFICATION.
Customer agrees to indemnify and hold
harmless Company, its Suppliers, their parents, affiliates
and/or subsidiaries and their officers, directors, employees and
shareholders from any and all damages, costs, expenses or
penalties (including reasonable attorneys’ fees) and any other
liabilities imposed by local, state or federal laws or regulations
or claims by any third party which result from or arise out of any
breach by Customer of any warranty or agreement contained herein
or any misuse by Customer of any Information accessed
through the Web Site.
8. PAYMENT
The current prices for services are posted on
the Web Site. Customer agrees to pay for all transactions
processed through the Web Site under Customer’s account number,
either via a valid and approved credit card issued in Customer’s
name or via Automated Clearing House (ACH) and Customer agrees to
provide all of the necessary information to effectuate prompt
billing and payment. Access privileges to the Web Site may be
suspended without notice if payment cannot be processed and/or is
not received timely. Customer will assume responsibility for and
pay all applicable state, local, federal or other taxes (exclusive
of taxes based on the Parties’ net income), which result from this
Agreement or the products and services provided hereunder. In the
event that payment cannot be processed, Customer will be invoiced,
along with a $30.00 service charge and the invoice will be due
upon receipt. Invoices not paid in full by Customer within 15 days
of the invoice date are subject to a late fee of 1.75% per month
(or the maximum fee allowable by law, if this is less). Without
limiting any other remedies for non payment or late payment of
invoices, Customer shall be liable for any and all interest, late
fees, costs of collection, court costs and reasonable attorneys’
fees relating to any action or proceeding regarding invoices for
services rendered pursuant to this Agreement and remaining unpaid
after the due date.
9. TERMINATION.
Customer, Company or Host may
terminate
this Agreement at any time and for any reason, upon thirty (30)
days prior written notice. Customer agrees however, to pay for all
transactions processed through the Web Site prior to termination.
Customer further agrees that the Parties or the Suppliers may
suspend or terminate access to the Web Site without notice in the
event that Customer is suspected of violating the
FCRA or
otherwise breaching any material term of this Agreement.
10.
DISCLAIMERS AND LIMITATION OF LIABILITY.
NEITHER THE
PARTIES NOR THE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES
REGARDING THE PERFORMANCE OF THE WEBSITE OR THE DECISIONING,
MODEL (ADVICE, ASSISTANCE OR MATERIALS SUPPLIED OR PROVIDED
THERE UNDER.) THE INFORMATION ACCESSED THROUGH THE WEBSITE
IS SUPPLIED BY VARIOUS SUPPLIERS. THE INFORMATION IS
PROVIDED “AS IS” AND NEITHER THE PARTIES NOR THE SUPPLIERS WARRANT, IN ANY
WAY, NOR ASSUME ANY LIABILITY FOR THE ACCURACY AND/OR
COMPLETENESS OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE. CUSTOMER ACKNOWLEDGES THAT NEITHER THE PARTIES NOR THE
SUPPLIERS WARRANT OR GUARANTEE THE TIMELINESS, CURRENCY, ACCURACY,
ADEQUACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OF THE WEB SITE, THE CREDIT INFORMATION OR ANY
OTHER INFORMATION, PRODUCTS OR SERVICES PROVIDED HEREUNDER AND THE
PARTIES SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES.
CUSTOMER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE
ASSUMPTION OF A RISK AND THAT THE PARTIES DO NOT AND WILL NOT
UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. In the event the
Parties are found liable for any cost or damage suffered by
Customer, liability is hereby limited to the fees paid by Customer
for the particular Credit Information in question. The remedies
set forth in this paragraph and termination of this Agreement are
Customer’s exclusive remedies for claims or damages arising out of
or relating in any way to this Agreement or the Credit
Information, products or services provided hereunder. IN NO EVENT
SHALL THE PARTIES OR ANY SUPPLIER BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
11.
OWNERSHIP OF LICENSE AND CONFIDENTIAL INFORMATION.
Nothing in this Agreement shall be construed to convey to Customer
any right, title or ownership interest in the Web Site or in the
intellectual property rights relating to the Web Site or the
software or documentation relating to such. All rights, title and
interest in such, whether or not in the nature of copyright, trade
secret, trademark, service mark, trade name, patent or otherwise,
vest solely in the proper Parties.
Customer acknowledges that the Company considers the Web Site and
the software and documentation relating to such to include
confidential trade secrets, to include confidential information
and to be proprietary to the proper Parties. Customer agrees to
hold all technical information relating to such as it may learn in
trust and confidence, in the same manner that Customer holds its
own confidential information of like kind.
Each party to this Agreement agrees that all proprietary
information disclosed to it by the other parties, including
without limitation this Agreement and any usage statistics shall
not be disclosed to any outside party other than the applicable
Supplier, and shall be used only for the purpose of this
Agreement. Each party to this Agreement agrees to treat all
proprietary information of the other parties in the same manner in
which it treats its own proprietary information, including
prohibition of and sanction against the use of such by any outside
party for direct or indirect gain and against any employee, agent
or associate of a party to this Agreement so revealing and/or
using such information for direct or indirect gain.
12.
GENERAL PROVISIONS.
All notices required or permitted
hereunder shall be in writing and shall be sent via regular US
mail return receipt requested, overnight carrier or hand delivery.
Performance by the Parties or the Suppliers may be subject to
interruption and delay due to causes beyond their reasonable
control such as acts of God, government, weather, fire, power or
telecommunications failure, inability to obtain supplies,
breakdown of equipment or interruption in Bureau services or
communications, for which no liability shall be incurred. If any
provision of this Agreement is held to be illegal, invalid or
unenforceable under the applicable laws of any jurisdiction to
which this Agreement is subject, all other provisions shall
survive. Each party shall have, in addition to any other relief at
law or in equity, the right to injunctive relief to redress any
breach of this Agreement by the other party. Customer may not hire
any employee of (or contractor/consultant to) the Parties engaged
in fulfilling the terms of this Agreement without the prior
written consent of the proper Parties. This Agreement shall be
binding upon and inure to the benefit of the successors and
permitted assigns of the Parties and Customer.
By electronic signature hereto, Customer agrees, acknowledges and
consents that the Information will be for its exclusive use
in its business decisions and that all
reports and allied information will be held in strict confidence. Further,
use of such information for unfair or deceptive practices is strictly
prohibited and information on current or prospective employees will only be
secured by designated authorized representatives of Customer.
13. ACKNOWLEDGMENT AND ACCEPTANCE.
Customer agrees,
acknowledges and consents that it has thoroughly read, understood
and agreed with this Agreement and the terms contained herein as
written on behalf of his / her organization or business and
certifies and represents that he / she is authorized to accept on
behalf of the Customer. Customer further agrees, acknowledges and
consents that it has independently evaluated and weighed the risks
and benefits of participating in this Agreement and Customer has
agreed to all the terms of this Agreement without reliance on any
representation, guarantee or statement existing outside of this
Agreement. The terms set forth in this Agreement constitute the
entire understanding and agreement between the Parties and
Customer with regard to the subject matter contained herein and
any previous or additional or different terms or conditions,
verbal or set forth in any other document shall be of no effect.
This Agreement may be modified or waived only in writing, signed
by all parties. Customer agrees, acknowledges and consents that
its electronic signature constitutes acceptance of this Agreement,
which may be transmitted electronically and constitutes a valid
mark and will be binding on Customer, with the same force and
effect as a signed original. Customer must type its name and press
the “I Accept” button to indicate acceptance of this Agreement.
Shortly after receipt, Company will send an email to Customer,
confirming acceptance and providing instructions about obtaining a
username and password and further describing how to begin
accessing the Web Site.
Information subject to change without notice.
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