Disclaimer
Data for the reports provided is collected from public databases. This information is considered public record and users should not assume that the information reflected is a current, complete or an accurate history of any individual. Users should review federal, state, and local laws before using this information during the process of hiring and firing of employees. Please reference the Direct Screening Terms and Conditions for additional restrictions regarding the usage of this data.
Direct Screening assumes no liability for any claims for damages arising from the use of this data beyond the actual cost of the searches performed.
Criminal Record Data Coverage
User has read the descriptions of the databases searched by Direct Screening as listed on the website at: http://www.directscreening.com/nationalreport.php and understands the depth and the limitations of the contents of each database. Direct Screening will not be held responsible for any criminal records not included in our data coverage.
Terms and Conditions
This DirectScreening.com Terms and Conditions (this "Agreement") is entered into by and between Turning Point Data Inc., a Massachusetts Corporation doing business as DirectScreening.com ("Direct Screening") and the undersigned ("User").
RECITALS
WHEREAS, User desires to order Consumer Reports and Investigative Consumer Reports, as defined in the federal Fair Credit Reporting Act (the "FCRA"), from Direct Screening; and
WHEREAS, Direct Screening 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, Direct Screening and User hereby agree as follows:
AGREEMENT
1. User agrees to pay for responses returned from searches performed even if said responses include zero records or a "no records found" result.
2. User agrees that no refunds will be issued for reports ordered where the user enters incorrect search details, nor will Direct Screening rerun a report at no charge with corrected search details, and that no refund will be issued for reports that are purchased twice by the user, even if the duplicate reports are purchased in error.
3. User acknowledges Direct Screening only returns criminal records with a complete date of birth, which must match exactly the date of birth submitted in the search details. If a criminal record only contains a partial date of birth, the criminal record will not be returned.
4. User has read the descriptions of the databases searched by Direct Screening as listed on the website at: http://www.directscreening.com/nationalreport.php and understands the depth and the limitations of the contents of each database.
5. In providing the Services, Direct Screening 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 DIRECT SCREENING 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 DIRECT SCREENING 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 DIRECT SCREENING OR ANY OR ALL OF ITS THIRD PARTY SUPPLIERS ARE DEEMED LIABLE IN ANY MANNER, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE, BOTH DIRECT SCREENING AND USER HEREBY AGREE THAT THE LIMITATION OF DIRECT SCREENING'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 DIRECT SCREENING FOR THE DATA PROVIDED TO WHICH A GIVEN CLAIM RELATES. NEITHER DIRECT SCREENING 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.
6. 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 Direct Screening, 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 Direct Screening 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 Direct Screening for disclosure under the FCRA or other applicable laws.
(d) Hold Direct Screening and its affiliated companies, and the directors, officers, agents, employees, and independent contractors of Direct Screening 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 Direct Screening for the Services cannot be either an insurer or a guarantor of the accuracy of the information reported, User hereby releases Direct Screening and its affiliated companies and the directors, officers, agents, employees, and independent contractors of Direct Screening 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.
7. 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, the adverse action requirements are described in Section 604(b)(3) of the Fair Credit Reporting Act.
8. Miscellaneous:
(a) Direct Screening reserves the right, in its sole discretion, to terminate User's access to any or all of Direct Screening's Services or any portion thereof at any time, without notice. Direct Screening may also terminate or suspend User's access to Direct Screening for inactivity.
(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) User acknowledges that Direct Screening requires User to obtain written consent from the search subject for all searches and all permissible purposes before ordering a search.
(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 Direct Screening to User. No changes in these conditions may be made except by mutual consent in writing by an authorized representative of User and Direct Screening.
(g) Direct Screening shall have no obligation to maintain any content in the User's account beyond ninety (90) days of the purchase of the service
(h) Customer acknowledges that Direct Screening performs their customer service exclusively via email.
9. If User intends to access any of Direct Screening's instant databases, the following conditions also apply.
(a) 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. Direct Screening does not warrant that the Services will be uninterrupted or error free. Direct Screening makes reasonable effort to provide an accurate representation of the public record databases in this website.
(b) Direct Screening 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 Direct Screening be responsible for any errors or omissions in the database and/or reports ordered via our on-line service. Direct Screening shall not be responsible for any consequential damages arising out of use of the Services.
(c) At no time shall User portray that it is the representative or authorized agent of Direct Screening 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.
10. In the states of California, Connecticut, Maine, Minnesota and Indiana, employers are required to verify any court record returned from instant reports prior to taking adverse action. If you obtain an instant report from us for use in those states or for a resident of California, you certify that you will confirm the current state of the court record prior to taking adverse action.
11. Direct Screening 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.
12. USER AGREES TO PROTECT, INDEMNIFY, DEFEND AND HOLD HARMLESS DIRECT SCREENING INCLUDING ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ALL THIRD PARTY SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, OR ACTIONS OF EVERY NAME, KIND AND DESCRIPTION (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES INCURRED BY DIRECT SCREENING IN DEFENDING ANY CLAIM FOR DAMAGES) 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 DIRECT SCREENING
13. 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.
14. 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.
15. User agrees they have reviewed the Fair Credit Reporting Act Overview as posted at: https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-credit-reporting-act
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.
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 Direct Screening, 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. Direct Screening cannot and does not offer legal advice on how to utilize these reports and is not responsible for any legal actions or damages (monetary or otherwise) resulting from information obtained from searches provided by DirectScreening.com
19. User agrees to use the Services for legitimate commercial purposes. User is aware accesses may be logged. Direct Screening 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
20. Direct Screening assumes no liability for any claims for damages arising from the use of this data beyond the actual cost of the searches performed.
21. User consents to the courts of Essex County, Massachusetts for handling any legal dispute between you and Direct Screening. You agree not to sue Direct Screening and its affiliated companies, and the directors, officers, agents, employees, and independent contractors of Direct Screening and its affiliates in any other courts. This means that you consent to the exclusive jurisdiction of and venue in the state courts and if federal jurisdiction applies, federal courts of Essex County, Massachusetts and you waive any assertion that Essex County, Massachusetts is an inconvenient forum for the resolution of any dispute between you and us.
22. User acknowledges that Direct Screening only retains the search reports for a period of five years after the search was run.
23. Additional FCRA Certifications for Employment-Related Checks
The User certifies as follows:
1. A clear and conspicuous disclosure has been made in writing to the consumer by the User (in a document that consists solely of the disclosure) stating that a consumer report may be obtained for employment purposes;
2. The consumer has authorized in writing the procurement of the consumer report that is being ordered;
3. Information from the report to be provided by Direct Screening will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation, or any other applicable law; and
4. If applicable, the User will comply with the adverse action requirements described in Section 604(b)(3) of the Fair Credit Reporting Act, as well as any other pertinent adverse action requirements.
24. Additional FCRA Certifications for California
To the extent that that the consumer about which you are ordering a report resides in California, is applying to work in California, or presently works in California, you, the User, certifies that you have met all California legal requirements for obtaining an investigative consumer report from The Site. Among other things, you certify that:
1. A clear and conspicuous written notice has been provided to consumer that is the subject of the report (in a document that consists solely of the disclosure) specifying: (1) that an investigative consumer report may be obtained; (2) End-User's permissible purpose for receiving the report; (3) that the report may include information on the consumer's character, general reputation, personal characteristics, and mode of living; (4) Direct Screening’s name, address, and telephone number; (5) the nature and scope of the investigation requested, including a summary of the provisions of Cal Civ. Code. 1786.22; and (6) Direct Screening’s website address (so the consumer can find more information about Direct Screening’s privacy practices and whether the consumer's personal information will be sent outside of the United States or its territories);
2.You provided the consumer an opportunity to check a box on a document to indicate that he/she would like a copy of the report, and such document included Direct Screening’s name, address, and telephone number and how to contact Direct Screening;
3. You will provide a copy of the report to the consumer within three business days of receiving the report from Direct Screening if the consumer checks the box requesting a copy of the report; and
4. You will comply with Cal. Civ. Code 1786.40, if the taking of adverse action is a consideration.
25. 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.
26. IF USER DOES NOT COMPLY TO THE PROVISIONS SET FORTH IN THE TERMS AND CONDITIONS MENTIONED IN THIS AGREEMENT, DIRECT SCREENING WILL IMMEDIATELY TERMINATE ACCESS TO THE SERVICE.
27. BY SUBMITTING THE SEARCH 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 SELECTED SEARCHES AND REPORTS AND CONSIDER THIS ACCEPTANCE AS A BINDING AGREEMENT WITH DIRECT SCREENING.