YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.
This Agreement sets forth the terms and conditions governing the delivery of the Website and is effective as of the date access to such services is delivered to you (“You” or “User”) agree as follows:
User represents and warrants that it is not in the business of licensing, selling, or creating for its customers, a computer-assisted, online data retrieval service and that it will not use the Information for providing service bureau, timesharing, processing or other similar services to third parties.
User shall pay backgroundalert.com the charges described on the fee schedule published online on the backgroundalert.com web site at time of sign up. Unless other payment terms are agreed to in writing by Provider, all charges for the backgroundalert.com services purchased by the User will be immediately charged to the credit card authorized by User. All charges are exclusive of local sales, use, personal property and similar taxes, which will be paid by User.
If your payment for a full term is declined due to insufficient funds, backgroundalert reserves the right to bill in installments
You may cancel your membership, including any trial or nonstandard membership at any time by contacting us here. Any cancellation request will cancel Your upcoming bill.
Our number one goal is customer satisfaction. If you are ever not satisfied with our services, feel free to contact us here, and we will work to resolve your issue. Refunds are handled on a case by case basis with the ultimate goal of complete customer satisfaction.
Provider may modify the terms of this Agreement at any time upon fifteen (15) days written notice to User including, without limitation, by posting it on the Provider.com web site.
User shall not reveal any links, user names, or passwords for the Network to third parties.
This Agreement governs access to and use of only those Provider services accessible on this web site, and not other Provider products or services. User acknowledges that User may be required, as a condition precedent to the use of certain services offered on the Provider’s web site, to meet certain credentialing criteria required by Provider and/or enter into additional agreements with Provider or third parties with respect to those products or services.
User acknowledges that it obtains only license rights under this Agreement and acquires no ownership rights, title or interest of any kind, including without limitation copyrights, to the Network, its contents or programming or to any products.
User acknowledges that access to and use of the Network may be subject to restrictions imposed by third parties, including without limitation information suppliers, and that Provider's agreements with such third parties may require Provider to deny or otherwise restrict User's access to certain information available through the Network. Restrictions may also be imposed as a matter of law or regulatory requirements. User agrees to comply with all such restrictions for which Provider provides notice online or otherwise. Further, User agrees to respect and comply with all copyright notices applicable to the databases and other services and products relating to the Provider Network.
User agrees that any Provider database supplier shall have the right to assert or to enforce any of the provisions of this Agreement directly on its own behalf.
IN NO EVENT SHALL PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF CUSTOMERS OR CLIENTS OF USER FOR SUCH COSTS. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON PROVIDER OR ANY THIRD PARTIES, THEN USER AGREES THAT THE AGGREGATE LIABILITY OF PROVIDER AND PROVIDER'S THIRD PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF PROVIDER OR SUCH THIRD PARTY SUPPLIERS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY USER TO PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).
User shall not use the Provider Information, in whole or in part, for the purpose of serving as a factor in establishing a consumer's eligibility for credit or insurance, employment purposes, or for any other purpose(s) authorized under section 604 of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.) ("FCRA") or similar state statute. User shall not use the Network or the Provider Information in a manner contrary to or in violation of any applicable law, rule, or regulation. The data provided hereunder shall not be used, in whole or in part, for direct marketing purposes.
User will indemnify and hold harmless Provider, its officers, directors, employees and agents, and the elected and appointed officials and employees, officers, directors and agents of the governmental and other entities that have contributed information to or provided services for the Network, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising out of User's access to the Network, or User's use or distribution of any Information..
With respect to personally identifiable information regarding consumers, the parties further agree as follows: Provider recognizes the importance of appropriate privacy protections for consumer data and User agrees that User (including its directors, officers, employees or agents) will comply with privacy rules and regulations and the policies articulated here where applicable: http://www.backgroundalert.com/privacy/.
The Provider OFAC List Check service is provided for User's internal use only and not for providing services to third parties. The license provided herein does not include the right to quote Information from the OFAC List Check service in memoranda, briefs or similar work product created by User or to provide such Information as printouts or otherwise to User's clients or any other third party.