You agree that your use of the ClearONE system is governed by the following terms and conditions:
Upon your registration in Clearbox to order a ClearONE profile, Clearbox grants you a nontransferable, nonexclusive license to access our databases and the information contained in the databases, for the purpose of performing due diligence, data verification, and related searches solely for your own internal uses in compliance with all terms and conditions listed below. After receiving payment, you will receive one copy of each search you perform. User agrees to pay for all searches performed even if no records are found. User also agrees no refunds will be issued where user enters incorrect information. User also agrees no refunds will be issued for running multiple reports on the same individual. User is responsible for reading and understanding all descriptions of all background checks along with any limitations of such background checks. User agrees to comply with all applicable laws including the Fair Credit Reporting Act or FCRA and all other federal and state laws, regulations and statutes.
Product description. National criminal record search. Social Security Number Trace.
Before you proceed, you agree that you have received express written permission from said vendor to perform due diligence inclusive of a background check.
Terms and Conditions. This ClearONE Terms and Conditions is entered into by and between Clearbox and the undersigned user.
General Restrictions. You agree to use our information only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our databases and information may not be used to bother, stalk, harass, threaten or embarrass any individual. Information shall not be provided or resold to any other person or entity without our prior written consent. We prohibit caching, unauthorized hypertext links to the Clearbox databases and the framing of any content available through the Clearbox databases. We reserve the right to disable any unauthorized links or frames. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the text, images and/or information received through the Clearbox databases to anyone without our express prior written consent.
You may not: (a) use or permit the use of data accessed via the service to prepare a database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party; or (b) use or permit the use of the Clearbox databases for the purpose of compiling, enhancing, verifying, supplementing, adding to, deleting from or operating any telemarketing list, direct mail service, mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party.
All searches of our databases are tracked, and (as noted below) you consent to such tracking and to the provision of all information about your use of our databases to law enforcement and others as may be useful to respond to allegations that our service or information has been misused.
Data. Our background searches include multi-state report of criminal records which includes felony and misdemeanor records, sex-offender records and other arrest information. In each instance, additional county level searches may reveal pertinent information. In the event of using this service for criminal or civil background checks, you should not assume that this data provides a complete or accurate history of any person's criminal or civil history. You should consult with an attorney about all applicable state and federal laws that apply before using this information in making decisions about engaging vendors or the hiring and firing of employees. Clearbox cannot offer legal advice on how to use the information contained in criminal or civil background reports, and is not responsible for any action taken by the customer based on this information. Customers should use extreme caution when interpreting the results of a criminal or civil background search for any type of personal verification. Positive or false matches in criminal or civil searches may not provide confirmation of an individual's criminal or civil background. All data and information provided and or sold to user under this agreement is delivered "AS IS". Proper use of these reports is the responsibility of you, the customer.
Fair Credit Reporting Act (FCRA) Disclaimer. Use of this site and its content implies you are in full compliance with the Fair Credit Reporting Act (FCRA, Public Law 91-508, Title VI), as amended by the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208, Title II), and all applicable state regulations affecting consumer reports and background checks. Although every effort has been made by our vendors to ensure accuracy, Clearbox cannot act as guarantor of information’s accuracy or completeness. As such, the amount of information available shall vary from product source to product source. Final verification of an individual's identity and proper use of any information on this site is solely the user's responsibility. We require the purchaser to have signed a Consumer Report User Agreement certifying that users are familiar with, and will abide by, the provisions of the Fair Credit Reporting Act, the Consumer Credit Reporting Reform Act and state specific regulations affecting consumer reports and background checks. Please contact Customer Service for further information or assistance.
Clearbox is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in the Clearbox databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Clearbox does not and will not deliver any decision or pass judgment on the integrity or suitability of the vendor.
User acknowledges receipt of “Notice to Users of Consumers Reports” by reference of the following link. http://www.ftc.gov/os/statutes/2user.htm
Pre-employment Inquiry Authorization Release. You must obtain authorization before performing a background check on any applicant. After collecting the signed release, you must provide a Consumer Notification and Summary of Rights under the FCRA.
Summary of Consumer Rights under the FCRA. It is your responsibility under the Fair Credit Reporting Act to provide each applicant a copy of their rights.
Obligations under the FCRA for purchasers of ClearOne. You are solely responsible for ensuring all notification requirements are made to applicant as required by law.
Pre-Adverse Action Notice. If you believe you make an adverse business decision based in whole or in part on any information contained in the report, you are required to provide the background report to the applicant as well as a Pre-Adverse Action Notice.
Adverse Action Letter. This must be sent when a decision is made not to hire based in whole or in part to the information obtained from the ClearOne report. A best practice would be to give oral notice followed by written and emailed verification.
California. If the applicant is a resident of California, the applicant is entitled to a free copy of their Investigative Consumer Report.
Vermont. User agrees to comply with the Vermont Fair Credit Reporting Act, 9 V.S.A. Section 2480e and secure the written consent of the consumer (subject of any ClearONE report) prior to ordering a consumer report on any Vermont resident.
Misuse. In the event that Clearbox suspects that the Clearbox databases or our information has been misused, we will contact our suppliers and/or law enforcement agencies (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of its information (including search key data) for such investigative purposes. You further agree to fully cooperate with all audits of our customers and our systems generally. Clearbox reserves the right to cancel or not offer its service to any user that it deems is inappropriately using its services.
Fees and Refund Policy. You agree to pay the fees associated with your use of the Clearbox databases by providing us with a valid credit card. You hereby certify that you are an authorized user of the credit card. You understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. If you have questions about our fees, please contact us before you complete any search. You are responsible for (and must pay for) all use of our databases made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. Clearbox will use reasonable efforts to deliver the information services to its customers, and to compile information gathered from selected public records and other sources; provided, however, customer accepts all information "AS IS". All purchases are final with no refunds. Furthermore, Clearbox accesses and is charged for information controlled by third parties and cannot guarantee the accuracy of the information.
Disclaimer Of Warranties. The information in the Clearbox databases has been compiled from public records and other proprietary sources for the specific purposes of (1) performing due diligence to comply with various bank regulations, and/or (2) providing general background information about individuals and businesses for verification purposes. Neither Clearbox nor any of our data suppliers represents or warrants that the Information is a current, complete or accurate history of any individual. Further, various individual records may be incomplete due to users electing to either (1) not complete a personal profile in the Clearbox database or (2) not submitting truthful information to the Clearbox database or (3) state regulators not supplying timely updated disciplinary action records.
Clearbox hereby disclaims all representations and warranties regarding the performance of the service and the accuracy, currency, or completeness of the information, including (without limitation) all warranties of merchantability or fitness for a particular purpose. Additionally, under no circumstances shall we be liable to you for any damages whatsoever, including (without limitation) any direct, special, incidental, exemplary or consequential damages, lost profits, or any other claims of yours or third parties, even if we have been advised of the possibility of such damages. You assume all risks associated with the use of our databases and information.
Indemnification. You agree that you shall indemnify and hold harmless Clearbox, its officers, directors, employees and agents, and all entities that have contributed information or data to, or provided services, for the Service, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising in any way out of your use of the Service or of our databases or of the information and data contained therein. We will promptly notify you of any such claim.
Liability. Clearbox assumes no liability for any claims for damages arising from the use of this data beyond the actual cost of the searches performed.
Confidentiality. All reports ordered through ClearONE must remain strictly confidential and reveal information only to the subject of any report.
Other Terms. This Agreement shall be governed by Maryland law. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The terms and conditions set forth here constitute our entire agreement, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect.
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