PLEASE READ THESE BACKGROUND SCREENING TERMS & CONDITIONS CAREFULLY. BY SIGNING AN END USER AGREEMENT REFERENCING THIS DOCUMENT, OR USING THE SERVICES DESCRIBED IN THE END USER AGREEMENT OR THESE TERMS AND CONDITIONS, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
These Background Screening Terms & Conditions govern the purchase, receipt and use of all background screening services (“Services”) performed by Global Radar Acquisition LLC, a Delaware limited liability company with its principal place of business at 9530 Marketplace Boulevard, Suite 301, Fort Myers, Florida, and Employment Screening Services LLC, an Alabama limited liability company with its principal place of business at 2700 Corporate Drive, Suite 100, Birmingham, Alabama (collectively, “GHRR,” “us,” “we,” or “our” as the case may be). When purchasing, receiving, and using these Services, you are bound by these Terms & Conditions and your continued use or access to GHRR’s web portal indicate your continued acceptance of the same.
1.1 Adverse Action: Shall have the definition as set forth in 15 U.S.C. § 1681a(k).
1.2 Central Court: In a county with multiple courthouses, including smaller, local, lower level, outlying or remote municipal or justice-of-the-peace courts, the term “Central Court” shall refer to the principal courthouse in which felony and most misdemeanor charges are adjudicated.
1.3 Consumer: Shall refer to any individuals about whom a Report is requested, whether an applicant, employee, prospective tenant, or other person.
1.4 Consumer Information: Shall have the definition set forth in 16 C.F.R. § 682.1.
1.5 Consumer Report or Report: Shall have the definition set forth in 15 U.S.C. § 1681a(d) but may also refer both to consumer reports and Investigative Consumer Reports.
1.6 Employment Purposes: Shall have the definition set forth in 15 U.S.C. § 1681a(h), consistent with the interpretation supplied by the Federal Trade Commission in its July 2011 Staff Report with Summary of Interpretations, which includes volunteer and independent contractor relationships.
1.7 Furnisher: Shall refer to any person or entity that supplies information about a Consumer to GHRR that is incorporated into the Report.
1.8 Investigative Consumer Report: Shall have the definition set forth in 15 U.S.C. § 1681a(e).
1.9 Predominantly Used Index: Shall mean that portion of a county courthouse’s criminal record index at the Central Court which is commonly considered in the background screening industry to be readily available, adequate, and sufficient for use in performing a criminal record search.
2.1 Customer Authentication.
2.1.1 GHRR reserves the right to conduct an inspection of the premises of Customer to confirm its legitimacy as an existing business and, further, Customer agrees to supply documentation to demonstrate its current licensure, registration as a lawful business, or other credentialing documentation that GHRR deems necessary.
2.1.2 Customer certifies that it is a lawfully organized business.
2.2 Compliance with the law. In requesting, receiving, using, storing, and disposing of any and all Reports, Customer agrees to adhere to, and comply with, the Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq. (“FCRA”) and all applicable state and local consumer credit laws. Customer agrees to comply with any and all state laws applicable to the procurement and use of Reports, including those state-specific requirements pertaining to the timing, nature and content of disclosures to Consumers.
2.3 Permissible Purpose.
2.3.1 Customer shall request a Report only when it has a permissible purpose as specified in 15 U.S.C. § 1681b.
2.3.3 Customer certifies that the purpose for which each and every Report is requested will conform to those purposes certified in the End User Agreement and for no other purpose.
2.3.4 Customer acknowledges that it understands the FCRA provides that any person who knowingly or willfully obtains information from a Consumer reporting agency under false pretenses shall be fined under Title 18, or imprisoned for not more than two years, or both. The information contained in Consumer Reports is intended for the use of Customer and shall not be disclosed to a third party except as otherwise permitted by law.
2.4 EEO Certification. Customer certifies that no information contained in the Consumer Reports obtained by it will be used in violation of federal or state equal employment opportunity laws or regulations or in violation of state or local ban-the-box, fair-chance-hiring, or related laws.
2.5 Limited Use. Customer certifies that it will request Reports only for its exclusive one-time use, hold them in strict confidence, and not disclose them to third parties not involved in the employment, tenancy or business decision giving rise to the need for the Report.
2.6 Disclosure Requirement.
2.6.1 When requesting a Report for Employment Purposes, Customer agrees to comply with 15 U.S.C. § 1681b by providing a clear and conspicuous written disclosure – in a document consisting solely of the disclosure – to each and every Consumer about whom it requests a Report before requesting such Report from GHRR. Customer additionally agrees to provide any disclosures required under relevant state and local consumer reporting, fair-chance-hiring, and credit reporting laws before to requesting a Report from GHRR.
2.6.2 When Customer uses GHRR’s electronic FCRA consent process with respect to any particular Consumer for the purpose of providing the statutorily mandated Disclosure, GHRR shall structure the online process so as to require Consumer to receive an electronic version of the Disclosure before to completing the order for a Consumer Report, provided however, in doing so Customer shall be deemed to have approved the content of the Disclosure used by the electronic FCRA consent process.
2.7 Authorization Requirement. When requesting a Report for Employment Purposes, Customer agrees to obtain the written Authorization of each and every Consumer about whom it requests a Report before to requesting such Report from GHRR. When Customer uses GHRR’s electronic FCRA consent process with respect to any particular Consumer to obtain that Consumer’s Authorization to perform a background check, GHRR shall structure the online process so as to require Consumer to provide their consent by electronic signature before completing the order for a Consumer Report.
2.8 Pre-Adverse Action Requirement. When requesting a Report for Employment Purposes, Customer agrees to follow and adhere to the conditions imposed on Customers by 15 U.S.C. § 1681b(b)(3) before taking adverse action based in whole, or in part, on the Report. Such conditions include: transmitting a Pre-Adverse Action letter to Consumer that contains the name, address, and toll-free telephone number of GHRR; enclosing a copy of the Consumer Report with the letter; Enclosing a copy of A Summary of Your Rights Under the Fair Credit Reporting Act; and allowing Consumer a reasonable amount of time to respond to this pre-adverse action notification before the adverse action is taken, taking into account weekends and intermediate holidays; and where Customer purchases from GHRR the service of transmitting a Pre-Adverse letter to Consumer, Customer will be deemed to have approved the content of said letter. Unless otherwise agreed to in writing by the parties, said service can be purchased only on a Consumer-by-Consumer basis after the issuance of a Report.
2.9 Adverse Action Requirement. When requesting a Report for any permissible purpose, including Employment Purposes, Customer agrees to comply with the requirements of 15 U.S.C. § 1681m when taking an adverse action based in whole, or in part, on a Report. These requirements include: providing oral, written, or electronic notice to Consumer of the adverse action; providing the name, address and toll-free telephone number of GHRR to Consumer; stating to Consumer that GHRR did not make the decision to take the adverse action and is unable to provide Consumer with the specific reasons why the adverse action was taken; notifying Consumer of their right to obtain a free copy of the Consumer Report within sixty days and to dispute with GHRR the accuracy or completeness of any information in Consumer Report furnished by GHRR; and where Customer purchases from GHRR the service of transmitting an Adverse Action letter to Consumer, Customer will be deemed to have approved of the content of the letter. Said service can only be purchased on a Consumer-by-Consumer basis no sooner than five business days after the Pre-Adverse Action letter has been transmitted to Consumer.
2.10 Investigative Consumer Report Disclosure Requirement. Irrespective of Customer’s permissible purpose, Customer agrees to comply with the requirements of 15 U.S.C. § 1681d when requesting an Investigative Consumer Report. These requirements include: clearly and accurately disclosing in writing to Consumer that an investigative report includes information as to his character, general reputation, personal characteristics, and mode of living; that he has a right to request a complete and accurate disclosure of the nature and scope of the investigation requested; and that he has a right to request a copy of the summary of his rights.
2.11 Record Retention. To the extent not already in the possession of GHRR, Customer agrees to store and maintain electronic or paper copies of each Disclosure, Authorization, Pre-Adverse Action Letter, Adverse Letter, or documentation of notice of Adverse Action for a period of three years.
2.12 Confidentiality & Data Security. Customer agrees to keep and maintain Consumer Information secure and confidential. Customer represents and warrants that it maintains a comprehensive data security plan that institutes all necessary and reasonable precautions for the protection of Consumer Information, including but not limited to, storing Consumer Information in a secure environment, transmitting Consumer Information in a secure manner, safeguarding passwords used to access terminals and software applications that provide access to Consumer Information, destroying paper copies of Consumer Reports that are no longer needed, limiting access to Reports to those individuals who have executed Authorized Access Agreements, and deactivating the user IDs and passwords of those who no longer need access to the Reports and notifying GHRR of the same. Should Customer request to receive Consumer Reports from GHRR by email, Customer agrees to accept responsibility for any claims arising out of Customer’s use of unencrypted electronic communication. Notwithstanding any agreement previously entered into by the parties containing any term or condition to the contrary, Customer expressly acknowledges and agrees that GHRR will maintain the confidentiality and security of its own consumer files, any Consumer Information contained therein, and any archival Reports maintained therein, in accordance with its own internal data security and confidentiality policies.
2.13 Compliance Assessment Upon reasonable notice, Customer agrees to supply to GHRR Consumer Report-related documents maintained as to Consumers about whom Reports were obtained, including copies of executed Disclosures and Authorizations and any pre-adverse action and adverse action correspondence, and to provide reasonable evidence of its compliance with applicable Federal and state statutes and regulations regarding Consumer data privacy in order to enable GHRR to satisfy its obligations under federal and state laws and regulations as well as its vendor agreements.
2.14 Disposal of Consumer Information. Customer agrees to dispose of all Consumer Information in a manner reasonably calculated to protect against unauthorized access to or use of the Consumer Information in connection with its disposal.
2.15 Consultation with legal counsel. GHRR does not provide any legal advice regarding Customer’s compliance with the various federal, state, and international laws that might apply. Customer is encouraged to consult with its own legal counsel regarding the purchase and use of Consumer reports. Customer is solely responsible for the content of Disclosures, Authorizations, Pre-Adverse Action and Adverse Action letters, and the Summary of Rights, even when it purchases said documents from GHRR for its own use. GHRR plays no role in any employment decision, whether adverse or positive. GHRR may from time to time offer information, guidance, forms, materials, and/or other content (including sample documents and the electronic FCRA consent process) for informational purposes (“Content”), which is not intended to and shall not constitute legal or professional advice, either express or implied. Customer agrees not to rely on GHRR for legal or professional advice and acknowledges that it is solely responsible for its legal obligations and decisions and will consult with its own legal counsel at its own discretion regarding all legal matters, including but not limited to its obligations with respect to its procurement and use of the Services, the electronic FCRA consent process, and Reports.
2.16 Customer is not a reseller. Customer certifies that it shall not request, obtain or use Reports for the purpose of reselling, leasing, or renting the information, or otherwise providing information obtained from GHRR’s Background Screening Services, to any other person, whether alone, in conjunction with Customer’s own data, or otherwise in any service derived from the Reports, provided that, Customer may furnish (but not resell) Reports, or information contained therein, to a third party under the terms and conditions set forth or to a third party who is involved in the employment or other decision underlying the permissible purpose for Customer to obtain the Reports. Customer shall require any such third party to abide by the same terms and conditions required of Customer under the FCRA and related state statutes. Customer agrees to notify Consumer of the existence of said relationship and secure Consumer’s consent to provide the Report to the third party. Otherwise, Customer may not furnish Reports, or information contained therein, to any third person.
2.17 Reaffirmation of Certifications. Customer certifies that each time it orders, accesses, or views a Report, it is reaffirming the above certifications.
3.1 CBSV. As an administrative service, GHRR offers Consent Based Social Security Verification (“CBSV”). In the event that Customer procures CBSV services, Customer makes the following certifications:
3.1.1 Customer acknowledges that Section 1140 of the Social Security Act authorizes the Social Security Administration (“SSA”) to impose civil monetary penalties on any person who uses the words “Social Security” or other program-related words, acronyms emblems, or symbols in connection with an advertisement, solicitation, or other communication, “in a manner which such person knows or should know would convey, or in a manner which reasonably could be interpreted or construed as conveying, the false impression that such item is approved, endorsed, or authorized by the Social Security Administration.” 42 U.S.C. § 1320b-10(a).
3.1.2 Customer agrees to use information provided by the CBSV only for the purpose(s) specified by the individual signing the consent form and shall make no further use/re-disclosure of the verification.
3.1.3 Customer understands that CBSV does not verify employment eligibility, interface with the Department of Homeland Security Verification system, or satisfy Customer’s I-9 employment verification requirements.
3.1.4 Customer understands that SSA has the right to review Customer’s or any of its principals’ records associated with the CBSV program at any time.
3.1.5 Customer agrees to indemnify and hold harmless GHRR, its successors and assigns, officers, directors, and employees from any and all claims, actions, or liabilities arising from or with respect to the use or misuse of the CBSV through the SSA accessed through GHRR.
3.2 Motor Vehicle Records. Customer hereby certifies that it will order motor vehicle records and/or driving records (MVRs) only in strict compliance with the Driver Privacy Protection Act (“DPPA”), 18 U.S.C. § 2721 et seq., and any related state laws (“DPPAs”). Customer further agrees not to order MVRs without first obtaining the written consent of Consumer to obtain “driving records,” evidence of which shall be provided to GHRR upon request. Customer agrees that it shall use MVR information only for the purpose authorized by Consumer in the written consent form and comply with all data requirements imposed by the DDPAs. Customer understands and acknowledges that the states of New Hampshire, Pennsylvania, and Washington require the use of specific forms published by those states Customer represents, warrants, and covenants it will secure Consumer’s consent using those forms, and Customer understands it will be subject to audit by GHRR as to its compliance with these requirements.
3.3 Equifax’s The Work Number®. When purchasing The Work Number® information through GHRR, Customer agrees to hold Equifax harmless in the purchase and use of the information. Equifax will not sell The Work Number® information otherwise.
3.4 Credit Reports. Customer represents that, if it orders credit reports, Customer will have a policy and procedures in place to investigate any discrepancy in Consumer’s address when notified by the credit bureau that the consumer’s address, as submitted by Customer, substantially varies from the address the credit bureau has on file for that Consumer.
4.1 Standard Search Procedure. GHRR will use reasonable procedures designed to discover information relating to a Consumer. With respect to criminal history information located at the county courthouse level, GHRR will search the Predominantly Used Index of the Central Court. With respect to statewide criminal searches, GHRR shall use the public record resource that is, in its commercially reasonable judgment, both readily accessible and reasonably complete. Some statewide criminal searches will be conducted with the state law enforcement (executive) agency, while others will be conducted with the state (judicial) administrative office of courts. Please note: in some states, GHRR does not offer a statewide search; in other states, no statewide search is made available by the state to the public. If Customer desires GHRR to examine a particular statewide judicial or executive source, it must notify GHRR in writing and secure GHRR’s written agreement to use that particular source in lieu of its standard source. Customer acknowledges that not all statewide judicial or executive agency systems report criminal history information to the same extent as county-level judicial courthouse searches, and that GHRR therefore recommends both statewide and county criminal searches for maximum state-level search results; furthermore, if a statewide agency returns a “no disposition” or inconclusive information, GHRR will automatically order and charge Customer for a county judicial search to confirm the record.
4.1.1 Primary Name. Customer understands and acknowledges that GHRR conducts name-based background checks; i.e., GHRR uses the name supplied by Customer or Consumer (hereafter, the “Primary Name”), along with personal identifying information supplied by them, and examines or requests information from various sources for matching information. Customer understands and acknowledges that GHRR cannot verify that the Primary Name about which it is conducting a background is, in fact, the name of the applicant, employee, tenant, or other Consumer with whom Customer is interacting. As between Customer and GHRR, Customer acknowledges that it is responsible for verifying the identity of the individual about whom it requests a Report to confirm that the individual who they represent themselves to be.
4.1.2 Personal Identifying Information. Customer acknowledges that supplying accurate personal identifying information (“PII”) on Consumers is essential to enable GHRR to conduct an accurate and complete search for information. Customer understands that GHRR will not always catch typographical or clerical errors made by Customer or its Consumers when Reports are ordered. It is Customer’s responsibility to review and confirm the accuracy of the PII used to perform the background check. Customer hereby releases, waives, and discharges GHRR and its public record researchers of and from any and all loss, harm, and damages arising from Customer’s or a Consumer’s failure to provide accurate PII when requesting a Report.
4.1.3 Address History. Customer acknowledges that, where applicable to a Report being prepared, the scope of any Social Security Report that is generated to create residential address history will be seven years, unless otherwise agreed in writing by the parties. When Customer uses GHRR’s Web Application to place an order, Customer will be given the opportunity to choose to order searches of all, some, or none of the jurisdictions that populate from the Social Security Report. Customer also acknowledges and understands that by declining to search one or more of the jurisdictions reported on the Social Security Report, GHRR may not be searching a jurisdiction that potentially contains criminal records belonging to the subject Consumer. Customer hereby releases, waives, and discharges GHRR and its public record researchers of and from any and all loss, harm, and damages arising from Customer’s decision not to order a search of one or more jurisdictions that populate from the Social Security Report. Where Customer orders Reports by submitting Authorizations to GHRR for manual ordering, GHRR shall search all locations disclosed on the Authorization unless otherwise directed in writing by Customer.
4.1.4 Scope of Name-based Searches. Customer acknowledges that GHRR generally only reports information matching the Primary Name. Customer understands that Consumers may have used other names besides their Primary Name, e.g., a maiden name, a prior married surname, a different first name used before gender transition, a different legal full before a name change, a middle name as a first name, a diminutive, a slightly misspelled variant of the Primary Name, etc. Collectively, these alternate names are known as AKAs. On rare occasion, when the data contained in the source record readily permits, GHRR may report a record relating to an AKA; however, in the general course of business, GHRR reports only Primary Name matches. Customer agrees it will not rely on or expect GHRR to report a record relating to an AKA, or assume GHRR will do so, when Customer has asked GHRR to search for only records relating to the Primary Name.
4.1.5 Alias Names.
a. When placing orders for Reports in GHRR’s Web Application, Customer shall have the option to manually to add any AKA to the order for GHRR to search.
b. When Customer directs a Consumer to use GHRR’s electronic ordering process, Consumer will be offered the opportunity to disclose AKAs, and GHRR will search those disclosed AKAs unless Customer has established ahead of time that the order is to be placed on hold for Customer to review and decide whether to run the Consumer’s self-disclosed AKA.
c. When a Customer manually submits an order for a Report to GHRR’s Order Entry Department and Consumer self-disclosed an AKA on Consumer Information Sheet, GHRR will search that AKA unless Customer established ahead of time with GHRR that it does not want those self-disclosed AKAs searched.
d. GHRR has the ability to develop a list of potential AKAs on a Consumer using a commercial database.
e. Customer understands and acknowledges that each AKA search typically adds significant charges, costs, and fees to the price of a Consumer Report. Customer agrees to pay any such additional charges, costs and fees for each AKA searched.
4.2 Standard Reporting Procedure.
4.2.1 Customer acknowledges that GHRR will report pending criminal cases and felony and misdemeanor convictions for only the seven years preceding the date of the request for a report, even though Consumer may have convictions that are older than seven years, unless a different reporting scope is expressly agreed to by the parties in writing, such alternate reporting scope being contingent upon, and limited by, the parameters of state law. Certain low-level convictions, such as ordinance violations, infractions, and traffic violations, may not be reported, even though they may be technically classified as misdemeanor-level offenses under a given state’s law.
4.2.2 Unless otherwise expressly agreed to in writing by the parties, or unless otherwise prohibited by state consumer reporting law, the time period for the reportability of convictions shall be calculated from the date of disposition, end of the sentencing term, or end of the probation term, whichever event occurs last and irrespective of whether Consumer was released from prison, jail, or probation early. In certain states which prohibit reporting convictions that antedate the Report by more than seven years, GHRR shall disregard sentencing and probation and shall calculate reportability based on the disposition date.
4.2.3 Federal and state consumer reporting laws require GHRR to establish a match of identity between the record containing adverse information and Consumer; if GHRR cannot establish this identity match to its commercially reasonable satisfaction, GHRR will not report the adverse information. Customer understands and acknowledges that GHRR therefore cannot report all adverse information located, and Customer releases, waives, and discharges GHRR and its public record researchers of and from any and all loss, harm, and damages arising from GHRR’s decision not to report adverse information because, in its sole discretion and determination, an identity match could not be established.
4.2.4 Customer understands and acknowledges that, when reporting criminal history information obtained from a “RAP sheet” procured from a statewide law enforcement (executive) agency, GHRR in its role as a consumer reporting agency cannot report all information contained therein, even though state law may require Customer to obtain a complete and unredacted copy of the RAP sheet. If Customer is required to obtain and maintain in its files a complete copy of a RAP sheet, GHRR recommends that Customer purchase GHRR’s separate third-party administrative record retrieval services.
4.3 Reporting of Non-Conviction Adverse Information.
4.3.1 The term “Non-Conviction Adverse Event” shall mean any adverse item about a consumer other than a criminal conviction as that term is defined under applicable state or federal law. The following is an illustrative list of examples of Non-Conviction Adverse Events: (a) records of arrest not leading to conviction, (b) dismissed criminal charges, (c) juvenile adjudications, (d) completed deferred adjudications, (e) dismissed or vacated convictions, (f) dispositions that may qualify as convictions under federal law but which do not constitute convictions under state law, (g) moving violation reports, (h) driver’s license suspensions, (i) adverse professional licensing actions, (j) sanctions or exclusion history information, and (k) civil suit information. Note: this list is not exhaustive. As a general principle, unless an adverse event is a conviction, it should be considered a Non-Conviction Adverse Event; however, pending charges are not considered Non-Conviction Adverse Events unless the file date of the case is older than seven years.
4.3.2 GHRR does not ordinarily report Non-Conviction Adverse Events, even if they occurred in the last seven years, unless one of the following applies: (a) Customer orders a specific search that pertains to Non-Conviction Adverse Events, such as driver’s license reports, sanctions and exclusion searches, professional licensure verifications, and civil searches; or (b) the parties agree in writing that GHRR shall furnish Non-Conviction Adverse Events, subject to any limitations on reporting imposed by federal and state consumer reporting laws as well as any other limitations as to the scope and extent of reporting agreed upon by the parties. Customer understands and acknowledges that, from time to time, GHRR may in its sole discretion cease reporting Non-Conviction Adverse Events, provided, however, that GHRR shall provide prompt notice of a discontinuation of the reporting of material Non-Conviction Adverse Events.
4.3.3 For professional licensing—related sanctions, exclusions, and similar adverse information, GHRR will report only the status of the Primary Name for the last seven years with regard to that adverse information. For motor vehicle or driving record reports, GHRR will report the information returned by the state department of motor vehicle for the driver’s license number supplied but that information will not exceed seven years of age.
4.4 Use of Commercial Databases. Customer understands and acknowledges that searches of commercial databases (e.g., Multi-Jurisdictional Search, National Criminal Search, Social Security Search, and other “instant” searches) are only for the purpose of producing residential address history and criminal history information that may potentially be related to Consumer. GHRR will not report such information to Customer. Customer agrees that it will not take any adverse action against a Consumer on the basis of an open or pending search by GHRR of a commercial database, but it will instead wait for GHRR’s report of any information from judicial or executive agency public record repositories.
4.5 Underlying Data. GHRR is not a data aggregator. Some of the data it uses in compiling its Reports is licensed, and it otherwise does not archive all data upon which it relies in preparing and assembling Reports. Data may be discarded, deleted or otherwise not saved once any given Report is completed.
4.6 Evolving Reporting Standards. GHRR will exercise its judgment consistent with federal and state laws and regulations, best practices, and GHRR’s accreditation with the Professional Background Screeners Association in determining whether adverse information is legally reportable. Due to the continuing evolution of the law with regard to what is, and is not, legally reportable under federal and state consumer reporting statutes, the foregoing reporting procedures are subject to change from time to time. Customer acknowledges, understands, and agrees that GHRR, in its sole and absolute discretion, may modify, change, expand, or narrow the scope and extent of what it reports.
5.1 GHRR, in its sole and absolute discretion, may delete Consumer Reports and related documents in accordance with its internal retention and deletion policy. Customer understands and acknowledges that (i) GHRR does not retain Consumer Reports or associated documents on Customer’s behalf for any period of time; (ii) should Customer desire to maintain its own archival copy of Consumer Reports and related documents, it must download them as they are received; and (iii) a technology fee will be charged to Customer, should it request a periodic mass export of archival Reports. Customer is not eligible for a mass export if it has an outstanding, past-due balance.
5.2 If Customer’s account is suspended due to nonpayment, Customer’s access to GHRR’s web portal will be deactivated and Customer will not retain access to archival Reports.
GHRR warrants and represents that it shall follow reasonable procedures to assure maximum possible accuracy (as defined by 15 U.S.C. § 1681e(b)) of the information concerning the individual to whom the Report relates; GHRR further warrants that the information contained in a Report will be the information supplied by the Furnisher, subject to any and all restrictions imposed by federal and state laws on the nature, scope and extent of information that is permitted to be disclosed by a Consumer reporting agency; moreover, since GHRR is not the Furnisher of the information, and the information that is supplied by the Furnisher to GHRR is supplied “as is,” GHRR can likewise only supply the information to Customer “as is.” GHRR is required by law to disclose that it does not guarantee the accuracy or truthfulness of the information contained in its Reports, but only that it is accurately copied from public records, where applicable. This limited warranty is in lieu of all other warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.
7.1 Limitation on Liability.
7.1.1 Except as otherwise provided in this section, GHRR shall not be liable to Customer for damages, and Customer hereby waives, releases and discharges GHRR from any and all damages arising under any theory of legal liability to the fullest extent that Customer may legally agree to release GHRR from liability for such damages, provided however, that Customer does not release GHRR from any liability arising solely from the wantonness, gross negligence or willful misconduct of GHRR (unless attributed or imputed to GHRR by reason of any act or omission of Customer). In the event that GHRR is held liable to Customer for any matter arising under or relating to the Background Screening Services, whether said liability arises in contract, equity, tort or otherwise, the amount of damages recoverable shall be limited as set forth in section 6.3. hereinbelow. Customer agrees to hold GHRR harmless of and from any and all claims, losses, and damages arising out of, or related to, the tortious or criminal conduct of Customer’s employees or agents.
7.1.2 Neither party shall be liable to the other for indirect, incidental or consequential damages, or loss of anticipated profits arising from any breach of these Terms & Conditions, even if it is notified of the possibility of such damages.
7.2 Limited Indemnification. Due to the unique obligation imposed upon GHRR by the FCRA, which requires GHRR to obtain and rely upon specific certifications from Customer before selling it Consumer Reports, Customer agrees to defend, indemnify and hold GHRR harmless against any cause of action, loss, liability, damage, cost or expense, including, without limitation, attorneys’ fees and costs, asserted by any third party against GHRR arising out of or relating to Customer’s violation of, failure to comply with, or breach of any of Customer’s certifications as described hereinabove, or for any misuse, abuse, or unlawful procurement of a Report by Customer’s agents or employees.
7.3 Limited Remedies. The amount of damages recoverable by Customer for any breach by GHRR of these Terms & Conditions will not exceed, in the aggregate, an amount equal to the charges incurred by Customer during the six-month period before the occurrence of the first event giving rise to any such liability, and such recovery is Customer’s sole and exclusive remedy hereunder.
Last Updated ~ 06/15/2021.