Instant-background-check.com is owned and operated by JB Halo Enterprises and for purposes of this agreement ("Agreement"), shall be known as "The Site". The Site provides access to its databases of criminal records on a fee basis, as outlined below. In order to access any of said databases, users must agree to all of the following terms and conditions. To access these records, you must check the box 'I AGREE' where indicated below. You will then be required to provide credit card information for payments, after which you may immediately begin using The Site.
1. I understand that I am liable for all payments charged to my account by me or anyone using my "Login ID" and "Password" to access any area of The Site.
2. I agree to pay for responses returned from my queries of "Criminal Searches" even if said responses include zero records.
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. JB Halo Enterprises, 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, unless otherwise agreed to in a writing signed by JB Halo Enterprises, The Site will charge me fees as published on the site. I can cancel my account at any time by written notice e-mailed to:
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provided, however, I will remain liable for all charges accrued up to that time. I further understand that I am responsible for any expenses incurred by JB Halo Enterprises for the collection of charges incurred by my use of The Site or The Site's databases, including reasonable attorney's fees.
5. I understand that all information contained in and re-sold by JB Halo Enterprises is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.
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 arguably fits the definition of a "consumer reporting agency" (CRA) and 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 customers 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); OR that customers seek to use the reports from our criminal records for personal reasons that are in no way related to any business 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. In cases where I do not furnish the information or reports I obtain from this site to any other entity, then I will indicate that my use is for personal reasons only.
8. These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Tennessee, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Shelby County, Tennessee for all legal actions related to The Site, The Site's databases, or this Agreement. This Agreement constitutes the entire Agreement between JB Halo Enterprises, Rapsheets.com 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.
9. JB Halo Enterprises Reserves the right to change the fees charged for the use of The Site and for use of The Site's databases, and these terms of use, at any time for any reason.
10. I AGREE TO INDEMNIFY AND HOLD HARMLESS JB Halo Enterprises, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED BY JB Halo Enterprises, 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 JB HALO ENTERPRISES 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 JB Halo Enterprises, OR RAPSHEETS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT WILL RESULT IN TERMINATION OF USER'S ACCOUNT! BY CHECKING "AGREE" IN THE BOX ON THE MEMBERSHIP REGISTRATION PAGE, THE USER CERTIFIES THAT HE/SHE HAS READ THE FOREGOING AGREEMENT IN ITS ENTIRETY AND AGREES WITH ALL PROVISIONS HEREIN: