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ACUTRAQ Background Screening, Inc.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE ACUTRAQ.
1. Basic Terms
1.1 Eligibility for Use
You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.
1.3 Payment Policy
When you purchase a consumer report, you agree to pay using a valid payment method as indicated during the time of request (“Payment Method”) such as a credit or debit card, which will be charged at the time of your Purchase. You agree to provide us with accurate payment information. We may use a third-party processor to process your Purchase, in which case the terms of your Purchase, such as refunds, payments, or customer service (“Third Party Terms”), may be governed by a third-party processor. We reserve the right to suspend use of the Site without notice if your Payment Method is declined or is identified by our payment processor or by any Fraud Protection Method as being fraudulent.
1.4 Communications from ACUTRAQ
Once you create an account or otherwise provide your email address to us, you may, from time to time, receive email communications from us for occasional marketing mails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.
1.5 California Consumer Disclosures
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
2. License To Use ACUTRAQ
2.1 Limited License
Subject to these Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium.
2.2 Restrictions on Access
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ACUTRAQ (and only pursuant to these Terms).
2.3 No Scraping or Unauthorized Access
You may not do any of the following while accessing or using the Services:
use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Services; access, tamper with, or use non-public areas of the Services, ACUTRAQ’s computer systems, or the technical delivery systems of ACUTRAQ’s providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information; or interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending virus, overloading, flooding, spamming, mail-bombing the Services, or using the Services in such a manner as to interfere with or create an undue burden on the Services.
3. Usage Restrictions
You agree to adhere to the following:
You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations. You CANNOT use the Services to request a consumer report on anyone other than yourself.
4. Your ACUTRAQ Background Screening, Inc. Report
4.1 FCRA Written Instructions
You acknowledge that you are providing us with “written instructions” authorizing us to obtain your consumer report pursuant to the Fair Credit Reporting Act (“FCRA”). You acknowledge that this report may be used for personal use only.
This search is ONLY for individuals requesting their own personal background check.
No Other Permissible Purpose IS Approved For This Search
You are prohibited from using this report for Pre-Employment Screening, Tenant Screening or any other purpose. It is a violation of the FCRA.
4.2 Your Rights Under The FCRA
You acknowledge receipt of the document titled A Summary of Your Rights Under The FCRA. You further acknowledge that you have the right to dispute the contents of the consumer report we compile for you, and can do so by submitting a Consumer Dispute Form to [email protected]
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by ACUTRAQ of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Disclaimers and Limitations of Liability
7.1Disclaimer of Warranty
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM ACUTRAQ, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF THE COMPANY HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES ACUTRAQ, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED ON ACUTRAQ, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. ACUTRAQ’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. ACUTRAQ WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND ACUTRAQ WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT ACUTRAQ CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD-PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF ACUTRAQ AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.
8.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold ACUTRAQ, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from your violation of these Terms or your use of the Services.
We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify ACUTRAQ. You shall not settle any dispute subject to your indemnification under these Terms without written consent from ACUTRAQ.
9.Waiver, Severability, and Assignment
ACUTRAQ's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. ACUTRAQ may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
9.1 Changes to the Service
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. ACUTRAQ shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
9.2 Entire Agreement