General Terms and Conditions
The following terms and conditions govern the use of “National Employment Screening.” services (“Services”) and the information or records available therein (“Materials”):
1. LICENSE; RESTRICTION ON USE
1.1. Subscriber is granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Services and Materials from time to time made available to you. This license includes:
(a) the right to electronically display Materials retrieved from the Services to no more than one person at a time; and
(b) the right to obtain a single printout of insubstantial portions of Materials from any database, file or answer set via local printing to your printer or downloading to your local hard drive (collectively “Authorized Printouts”), to the extent not further limited or prohibited by any Additional Terms for Specific Materials.
1.2. To the extent permitted by applicable copyright law and not further limited or prohibited by these terms or any Additional Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies to your authorized users.
1.3. Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the Services.
1.4. All right, title and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and machine-readable forms) belong to the provider of the Services (“National Employment Screening”) or its third party suppliers of materials. You acquire no proprietary interests in the Services, Materials or copies thereof.
1.5. Except as specifically provided herein, you may not use the Services or Materials in any fashion that infringes the copyrights or proprietary interests therein. You may not tamper with, alter or change any records or information from the Materials or Services.
1.6. The purpose for a Criminal Conviction/Arrest History search must meet the following requirements: Freedom of Information Act 5USC552; Crime Control Act, Title 28, Privacy Act, Public Law 93-579 5USC522(a),Title 6 Fair Credit Reporting Act, Public Law 91-508; and all other state or federal laws that may pertain to the investigation undertaken.
1.7. Other provisions that govern your use of the Services and Materials are set forth in the applicable Price Schedule, Additional Terms for Specific Materials, online descriptions, online notices and such other notification that may be available (collectively “Additional Terms”), all of which are incorporated by reference into these General Terms and Conditions.
2. ACCESS TO SERVICES
2.1. Only individuals authorized by the subscribing organization may access and use the Services. All individuals authorized by the subscribing organization are subject to these General Terms and Conditions.
2.2. Each individual authorized by the subscribing organization must obtain a personal Identification Number (“ID”) from “Company Name” to access and use the Services and Materials. An individual’s ID may not be transferred, shared or otherwise provided to any other individuals.
2.3. Materials and features may be added to, withdrawn from, changed or restricted from the Services without notice.
2.4. Subscriber shall incur charges for the use of the Materials and Services. Such charges shall include, but not be limited to, a transactional search fee for each search, query or inquiry of the Materials. Such charges or fees shall be assessed in accordance with any pricing agreement entered into between Subscriber and National Employment Screening.
2.5. Subscriber shall be responsible for and shall pay all charges and usage fees, as described in 2.4 above, (“Fees”) associated with the use of the Materials and Services.
2.6. Subscriber authorizes “National Employment Screening” to charge all Fees directly to the credit card if the client does not pay his invoice by the 15th day from the date of the invoice OR automatically if the invoice is less than $100.00 for the month.
2.7. Subscriber’s account and any ID issued thereunder is subject to suspension, disruption or termination should the account become past due or for other reasons in accordance with the terms of this agreement
3. LIMITED WARRANTY
3.1. The subscribing organization acknowledges that the provider of the Services does not create or maintain the records or information in the Materials and the provider of the Services and Materials is not responsible for the content or accuracy of such records or information in the Materials.
3.2. THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND THE PROVIDER OF THE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1. A Covered Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) errors in or omissions from the Services or Materials available or not included therein, (b) the unavailability or interruption of the Services or Materials, (c) use of the Services or Materials (regardless of whether you received any assistance from any Covered Party in using the Services or Materials), (d) your use of any equipment in connection with the Services, (e) the content of the Materials, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, (g) use of the Materials or Authorized Printouts by an authorized individual, Subscriber, subscribing organization, authorized user or other third parties.
4.2. “Covered Party” or “Covered Parties” means (a) the provider of the Services (“National Employment Screening”), its affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of the provider of the Services or its affiliates; and (b) each third party supplier of Materials, their affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of any third party supplier of Materials or any of their affiliates.
4.3. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE SERVICES, MATERIALS OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
4.5. The Subscriber and/or the subscribing organization agrees to indemnify, defend and hold harmless Covered Parties from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses, including reasonable attorneys’ fees, of whatsoever kind or nature, arising by reason of or in connection with any act under or in violation of this agreement or by virtue of the Subscriber’s, subscribing organization’s or any third parties use of the Materials or any information obtained from Materials or through use of the Services, either directly or indirectly.
5.1. These General Terms and Conditions, including the Additional Terms, may be changed from time to time. Charges and payment terms may be changed in accordance with your applicable Price Schedule; all other provisions may be changed by the provider of the Services immediately upon notice. Your subscription for access to the Services may be terminated immediately upon notice to the provider if any change is unacceptable. Continued use of the Services following any change constitutes acceptance of the change.
5.2. The provider of the Services or the subscribing organization may terminate the subscription for access to the Services. The subscribing organization shall provide written notice of its intent to terminate its access to the Services. The provider of the Services may suspend, disrupt, terminate or discontinue providing the Services or Materials to Subscriber without notice and pursue other remedies legally available to it if you fail to comply with any of your obligations hereunder.
5.3. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner.
5.4. The failure of the provider of the Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later date.
5.5. The provider of the Services is authorized to perform searches on behalf of the Subscriber as requested by the Subscriber, monitor its sessions and activities in the Services and make recommendations to the subscribing organization as to their use of the Services.
5.6. The Subscriber or subscribing organization may not assign its rights or delegate its duties under this subscription to access the Services without the prior written consent of the provider of the Services.
5.7. This agreement shall be construed, interpreted, and governed in accordance with the laws of the State of Texas, excluding a choice of law rules (whether of the State of Texas or any other jurisdiction) which may direct the application of the laws of another jurisdiction. The parties hereto consent to and agree to submit to the jurisdiction of the courts of the State of Texas or of the United States District Court for Dallas County, Texas, for any action or proceeding arising under or by reason of this Agreement and to the venue of such action or proceeding in such courts and agree that such courts have exclusive jurisdiction of all issues, matters and claims arising out of or relating to this Agreement.