This RiskProducts.com Terms and Conditions (this “Agreement”) is entered into by and between RiskProducts.com LLC, a Colorado limited liability company, and the undersigned (“User”).
WHEREAS, User desires to order Consumer Reports and Investigative Consumer Reports, as defined in the federal Fair Credit Reporting Act (the “FCRA”), from riskproducts.com; and
WHEREAS, RiskProducts.com desires to sell such services and information (collectively, the “Services”) to User.
NOW, THEREFORE, for and in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are hereby acknowledged, RiskProducts.com and User hereby agree as follows:
1. In providing the Services, RiskProducts.com agrees to do the following:
(a) Comply with all laws applicable to the making of reports including the federal Fair Credit Reporting Act (“FCRA”).
(b) Follow reasonable procedures to assure the maximum possible accuracy of the information reported, subject to Paragraph 1(d) below, and reinvestigate if requested by User without further charge if the information was incorrect.
(c) Disclose, upon request from the consumer who is the subject of the report, if other than User (the “Consumer”), the information reported, reinvestigate any information disputed by the Consumer at no charge to User and take any necessary corrective action with the Consumer and User.
(d) ALTHOUGH RISKPRODUCTS.COM SHALL EXERCISE REASONABLE EFFORTS TO FURNISH TO USER ACCURATE INFORMATION, USER ACKNOWLEDGES THAT ALL DATA AND INFORMATION CONSTITUTING THE SERVICES PROVIDED AND/OR SOLD TO USER UNDER THIS AGREEMENT ARE PURCHASED “AS IS”, AND RISKPRODUCTS.COM AND ITS THIRD PARTY SUPPLIERS HEREBY (I) DISCLAIM ANY ASSURANCES OR GUARANTY REGARDING THE CORRECTNESS, COMPLETENESS AND, CURRENTNESS, (II) DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF THE SERVICES OR THE COMPONENTS THEREOF. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT RISKPRODUCTS.COM OR ANY OR ALL OF ITS THIRD PARTY SUPPLIERS ARE DEEMED LIABLE IN ANY MANNER, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE, BOTH RISKPRODUCTS.COM AND USER HEREBY AGREE THAT THE LIMITATION OF RISKPRODUCTS.COM’S OR ANY SUCH THIRD PARTY SUPPLIER’S TOTAL LIABILITY TO USER UNDER THIS AGREEMENT SHALL BE EXPRESSLY LIMITED TO THE RETURN OF THE FEES PAID BY USER TO RISKPRODUCTS.COM FOR THE DATA PROVIDED TO WHICH A GIVEN CLAIM RELATES. NEITHER RISKPRODUCTS.COM NOR SUCH THIRD PARTY SUPPLIERS SHALL BE LIABLE TO USER FOR ANY OTHER DAMAGES, INCLUDING PUNITIVE DAMAGES, EXEMPLARY DAMAGES, CONSEQUENTIAL DAMAGES, OR ANY OTHER COSTS AND EXPENSES, REGARDLESS OF THE CAUSE OR WHETHER THE DAMAGES WERE FORESEEABLE.
USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK AND EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK.
2. In connection with the purchase of the Services, User agrees to do the following:
(a) Comply with all laws applicable to the services provided herein including the FCRA and all other federal and state laws, regulations and statutes. User hereby acknowledges receipt of “Notice to Users of Consumer Reports” by reviewing this link http://www.ftc.gov/os/statutes/2user.htm, which is hereby incorporated herein by reference for all purposes.
(b) Keep all reports generated by RiskProducts.com, whether oral or written, strictly confidential and, except as required by law, reveal information from reports only to the Consumer (if other than User) or a person whose duty requires him or her to participate in the decision for the transaction for which the report was ordered.
(c) Request information for its exclusive use unless User has obtained written permission from RiskProducts.com to request the information for use by other persons. If the consumer, or his or her representative, requests report information, that person may be referred to RiskProducts.com for disclosure under the FCRA or other applicable laws.
(d) Hold RiskProducts.com and its affiliated companies, and the directors, officers, agents, employees, and independent contractors of RiskProducts.com and its affiliates harmless on account of any expense or damage resulting from the procurement, use or publication by User, or the employees or agents of User, of report information contrary to the terms of this Agreement or contrary to state/federal law or regulation.
(e) Recognizing that information in reports is secured from and processed by fallible sources (human and otherwise) and that for the fee charged RiskProducts.com for the Services cannot be either an insurer or a guarantor of the accuracy of the information reported, User hereby releases RiskProducts.com and its affiliated companies and the directors, officers, agents, employees, and independent contractors of RiskProducts.com and its affiliated companies from liability for any negligence of third parties in connection with erroneous information received from such third parties.
(f) Without limiting the foregoing, User (if other than the Consumer) shall comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. Section 2480e, by securing the written consent of the Consumer prior to ordering a consumer report on a Vermont resident.
3. User certifies that:
(a) Each request for a report (each, a “Consumer Report”) will indicate the specific permissible purpose under the FCRA involved in each transaction and such reports will be used for no other purposes.
(b) When taking any adverse action based in whole or in part on the Consumer Report, the person intending to take such adverse action shall provide to the Consumer (if other than User) written notice of the adverse action containing the information required under the FCRA and of the consumer’s right (i) to obtain a copy of the report and (ii) to dispute the accuracy or completeness of any information in the report. For additional information see http://www.ftc.gov/os/statutes/2user.htm.
(c) With respect to Consumers that are California residents, User certifies that prior to ordering an Investigative Consumer Report, as defined in the California Investigative Consumer Reporting Agencies Act, as amended, Cal. Civ. Code Section 1786 et. seq. or any successor provision (the “Cal. Code”), User will:
Notify the Consumer (if other than User) in writing that an Investigative Consumer Report regarding the Consumer’s character, general reputation, personal characteristics, and mode of living will be made. Such notification shall include the name and address of the investigative consumer reporting agency conducting the investigation, the nature and scope of the investigation requested, and a summary of the provisions of Section 1786.22 of the Cal. Code.
(a) RiskProducts.com reserves the right, in its sole discretion, to terminate User’s access to any or all RiskProducts.com Sites/Services and the related services or any portion thereof at any time, without notice. RiskProducts.com may also terminate or suspend User’s access to RiskProducts.com Site/Service(s) for inactivity. RiskProducts.com shall have no obligation to maintain any content or to forward any unread or unsent messages to User or any third party.
(b) Each party hereto (and its employees) is and shall remain an independent contractor. Neither party is authorized to assume or create an obligation or responsibility, express or implied, on behalf of, or in the name of, the other party or to bind the other party in any manner.
(c) RiskProducts.com shall have the right to conduct periodic audits of User’s use of the Consumer Reports ordered pursuant to this Agreement. RiskProducts.com will provide reasonable notice prior to conducting any audit.
(d) The obligation of either party to perform under this Agreement shall be excused during each period of delay caused by matters beyond such party’s reasonable control, including without limitation, government regulation or law, war or insurrection, civil commotion, destruction of production facilities or material by earthquake, fire, flood, storm or other natural disaster, labor disturbances, epidemic or failure of suppliers, public utilities or common carriers.
(e) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, provided, however, that neither party shall assign or otherwise transfer this Agreement or any interest herein without the prior written consent of the other party, which consent shall not be unreasonably withheld.
(f) The parties understand and agree that this Agreement constitutes all conditions of service and reporting and applies to all reports made by RiskProducts.com to User. No changes in these conditions may be made except by mutual consent in writing by an authorized representative of User and RiskProducts.com.
If User intends to access any of RiskProducts.com’s instant databases, the following conditions also apply.
(i) The Services are distributed on an “as is” basis without warranties of any kind, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. RiskProducts.com does not warrant that the Services will be uninterrupted or error free. RiskProducts.com makes reasonable effort to provide an accurate representation of the public record databases in this website.
(ii) RiskProducts.com does not warrant the correctness of the results of the Services. User utilizes the results of the service at User’s own risk. Under no circumstances shall RiskProducts.com be responsible for any errors or omissions in the database and/or reports ordered via our on-line service. RiskProducts.com shall not be responsible for any consequential damages arising out of use of the Services.
(iii) This Agreement entitles User access to the service for reference purposes only. Should User (or any third party receiving such information from or through User) need to be absolutely sure that the information is correct, User (or third party receiving such information from or through User) should order a certified record from the governmental agency that supplies the data.
(iv) At no time shall User portray that it is the representative or authorized agent of RiskProducts.com or any third party. User acknowledges and agrees that it shall acquire no right, title or interest under applicable copyright and related laws in the databases and materials contained therein, or otherwise found in this website.
5. User agrees to use the Services for legitimate commercial purposes. User is aware accesses may be logged. RiskProducts.com reserves the right, in its sole discretion, to deny access to any user of the Services. User understands that it is liable for all payments charged to my account by User or anyone using User’s “username” and “password” to access any area of the Services.
6. RiskProducts.com reserves the right to change prices, add or delete services, and change characteristics of each service at any time, from time to time, and without notice.
7. User agrees to have a credit card on file and to allow all purchases to be automatically charged to this card, or all balances past 90 days to be automatically charged to this card. User also agrees that all charges for products and/or services are non-refundable and non-cancelable by User or any other party authorized to use this card. User agrees to provide RiskProducts.com with replacement credit card information if this card is cancelled or modified for any reason. This authorization will remain in effect until revoked by either RiskProducts.com or User in writing. This credit card information will be kept on file with RiskProducts.com and will remain in effect until the expiration of the credit card account or a written notification is received.
8. User agrees to submit a new credit card authorization each time there is a change of any information that User has provided on this page, and it is Userï¿½s responsibility to notify RiskProducts.com if the credit card on file is lost or stolen.
9. User understands that a minimal charge may be applied to Userï¿½s credit card to ensure authentication; however, this amount will be credited back to Userï¿½s account once the credit card has been verified.
10. User agrees to protect, indemnify, defend and hold harmless RiskProducts.com and all third party suppliers from and against any and all claims, suits, or actions of every name, kind and description arising from or in any way related to use of information by User (or any third party receiving such information from or through user) furnished by or through RiskProducts.com.
11. User agrees to pay for responses returned from my queries of “Searches” even if said responses include zero records.
12. Provisions related to the disclaimer or warranties, use of information and data, payment for service, terms, and indemnification shall survive any termination of this agreement.
13. User agrees and acknowledges that the information contained herein and in the Services is derived solely from public records, which may not be 100 percent accurate or complete.
14. User has read the descriptions of the databases of RiskProducts.com criminal records subject to this agreement and attached hereto and understands the depth and/or limitations of the contents of each database.
15. Fair Credit Reporting Act Overview (http://www.ftc.gov/os/statutes/2user.htm)
This document is intended as a general overview of the requirements of the FCRA. Although the FCRA applies to many different situations, this document is limited to requirements of the FCRA with respect to employment. The FCRA, 15 U.S.C. 1681-1681u, regulates both “consumer reports” and “investigative consumer reports” in the employment context. Recent amendments to this law took effect on September 30, 1997; these amendments create new obligations for employers and prospective employers who obtain and use these types of reports. While it is legal to utilize these types of reports in the employment context, it is important that employers comply with all relevant provisions of the Act, as well as any applicable state laws. User has reviewed and will maintain compliance within the parameters set forth by the FCRA. Please review this link http://www.ftc.gov/os/statutes/2user.htm.
16. User (whether or not the Consumer) has received (as a printed attachment or by virtue of visiting the hyperlink set forth in paragraph 15) the prescribed notice of User’s duty as a user of a consumer report under the FCRA.
17. In cases where User (or its agent or employer) provides a third party with information obtained by User from RiskProducts.com or RiskProducts.com databases, User will provide all such third parties with the prescribed notice of their duties as a user of a Consumer Report under the FCRA
18. In cases where User (or its agent or employer) re-sells or utilizes internally any of the information User obtained from RiskProducts.com or RiskProducts.com databases, User agrees and acknowledges and understands that RiskProducts.com reserves the right to conduct an audit of User’s searches to determine that you are meeting the conditions of the FCRA as described in paragraph 15. RiskProducts.com reserves the right to ask in its audit to require User to furnish the following information.
(a) the identity of the end-user of the report (or information); and
(b) each permissible purpose under section 604 of the FCRA for which the report is furnished to the end-user of the report (or information).
IF USER DOES NOT COMPLY TO THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT, RISKPRODUCTS.COM WILL IMMEDIATELY TERMINATE ACCESS TO THE SERVICE.
19. BY CHECKING THE ï¿½I AGREEï¿½ BOX AND CLICKING THE ï¿½SUBMITï¿½ BUTTON, USER IS CERTIFYING THAT USER HAS READ ALL OF THE TERMS AND CONDITIONS IN ITS ENTIRETY AND ALSO UNDERSTANDS THAT USER IS RESPONSIBLE FOR PAYMENT OF THE PRICING PLAN(S) SELECTED AND CONSIDER THIS ACCEPTANCE AS A BINDING AGREEMENT WITH RISKPRODUCTS.COM.