The following terms and conditions govern the use of the Accureport, LLC services, including the online services available at www.AccuReport.com (collectively the 'Services') and the information or records available therein (the 'Materials'):
1.1. Subscriber is granted a nonexclusive, nontransferable, limited license to access and use for research purposes the Services and Materials from time to time made available to you. This license agreement shall cover the use and access of all of Subscriber's offices, locations and branches that are a part of the Subscriber's corporation and all such offices, locations and branches shall be bound by this license agreement, including all terms and conditions contained herein. This license includes:
(a) the right to electronically display Materials retrieved from the Services to no more than one person at a time; and
(b) the right to obtain a single printout of insubstantial portions of Materials from any database, file or answer set via local printing to your printer or downloading to your local hard drive (collectively 'Authorized Printouts'), to the extent not further limited or prohibited by any Additional Terms for Specific Materials.
1.2. To the extent permitted by applicable copyright law and not further limited or prohibited by these terms or any Additional Terms for Specific Materials, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies to your authorized users.
1.3. Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using Materials retrieved from the Services. Customer may not directly or indirectly compile, store, or maintain Motor Vehicle Reports (MVRs) to develop its own source or database or MVRs.
1.4. All right, title and interest (including all copyrights and other intellectual property rights) in the Services and Materials (in both print and machine-readable forms) belong to the provider of the Services (Accureport, LLC Records, Inc.) or its third party suppliers of materials. You acquire no proprietary interests in the Services, Materials or copies thereof.
1.5. Except as specifically provided herein, you may not use the Services or Materials in any fashion that infringes the copyrights or proprietary interests therein. You may not tamper with, alter or change any records or information from the Materials or Services.
1.6. You may not use information included in Materials retrieved from the Services to solely determine a consumer's eligibility for (a) credit or insurance for personal, family or household purposes; (b) employment; or (c) a government license or benefit; unless you fully comply with all federal, state and local laws, including but not limited to the Fair Credit Reporting Act (FCRA), Driver's Privacy Protection Act (DPPA), Gramm-Leach-Bliley (GLB), and their state equivalents, and including any changes, supplements or amendments to such statutes, rules, codes and regulations as well as any case law interpreting such statutes, rules, codes and regulations (collectively referred to herein as 'The Laws'). Customer shall be responsible for understanding and staying current with all of The Laws.
1.7 Customer shall be responsible for understanding and staying current with all specific state forms, certificates of use or other documents or agreements including any changes, supplements or amendments thereto imposed by the states (collectively referred to as 'Specific State Forms') from which it will order Services, Materials, or MVRs.
1.8 Customer shall maintain all records related to its order, purchase and use of the Services and Materials for a period of five (5) years from the date the Materials are requested. The information retained and reports pursuant to this Section shall include, but not be limited to: the request date, requested individual, requestor, and permissible purpose for the Materials, a signed release from requested individual each time a request is made for employment purposes, and any other information sufficient to verify that the ordering and use of the Materials complies with the terms of this Agreement (collectively the 'Reports'). The Reports shall be made immediately available to Accureport, LLC for review and copying upon request or to any government authority upon request.
1.9 Other provisions that govern your use of the Services and Materials are set forth in the applicable Price Schedule, Additional Terms for Specific Materials, online descriptions, online notices and such other notification that may be available (collectively 'Additional Terms'), all of which are incorporated by reference into these General Terms and Conditions.
2.1. Only individuals authorized by the subscribing organization may access and use the Services. All individuals authorized by the subscribing organization are subject to these General Terms and Conditions.
2.2. Each individual authorized by the subscribing organization must obtain a personal Identification Number ('ID') from Accureport, LLC to access and use the Services and Materials. An individual's ID may not be transferred, shared or otherwise provided to any other individuals.
2.3. Materials and features may be added to, withdrawn from, changed or restricted from the Services without notice.
2.4. Subscriber shall incur charges for the use of the Materials and Services. Such charges may include, but not be limited to, a non-refundable activation fee, a monthly service charge and a transactional search fee for each search, query or inquiry of the Materials. Such charges or fees shall be assessed in accordance with the Price Schedule or any written pricing agreement entered into between Subscriber and Accureport, LLC.
2.5. Subscriber shall be responsible for and shall pay all charges and usage fees, as described in 2.4 above, ('Fees') associated with the use of the Materials and Services.
2.6. Subscriber authorizes Accureport, LLC to charge all Fees directly to the credit card provided by Subscriber, as they are incurred or become due. For accounts that are invoiced, Subscriber authorizes Accureport, LLC to charge all past due accounts to the credit card securing said account, as provided by Subscriber.
2.7. Subscriber's account and any ID issued hereunder is subject to suspension, disruption or termination should the account become past due or for other reasons in accordance with the terms of this agreement.
3.1. The subscribing organization acknowledges that the provider of the Services (Accureport, LLC Records, Inc.) does not create or maintain the records or information in the Materials and the provider of the Services and Materials is not responsible for the content or accuracy of such records or information in the Materials.
3.2. THE SERVICES AND MATERIALS ARE PROVIDED ON AN 'AS IS', 'AS AVAILABLE' BASIS AND THE PROVIDER OF THE SERVICES AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1. A Covered Party shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) errors in or omissions from the Services or Materials available or not included therein, (b) the unavailability or interruption of the Services or Materials, (c) use of the Services or Materials (regardless of whether you received any assistance from any Covered Party in using the Services or Materials), (d) your use of any equipment in connection with the Services, (e) the content of the Materials, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, (g) use of the Materials or Authorized Printouts by an authorized individual, Subscriber, subscribing organization, authorized user or other third parties.
4.2. 'Covered Party' or 'Covered Parties' means (a) the provider of the Services (Accureport, LLC Records, Inc.), its affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of the provider of the Services or its affiliates; and (b) each third party supplier of Materials, their affiliates and any owner, officer, director, employee, subcontractor, agent, successor or assign of any third party supplier of Materials or any of their affiliates.
4.3. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR MATERIALS SHALL NOT EXCEED THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE SERVICES, MATERIALS OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
4.5. The Subscriber and/or the subscribing organization agrees to indemnify, defend and hold harmless Covered Parties from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses, including reasonable attorneys' fees, of whatsoever kind or nature, arising by reason of or in connection with any act under or in violation of this agreement or by virtue of the Subscriber's, subscribing organization's or any third parties use of the Materials or any information obtained from Materials or through use of the Services, either directly or indirectly.
5.1. These General Terms and Conditions, including the pricing, charges, Materials and payment terms may be changed from time to time by the provider of the Services. Your subscription for access to the Services may be terminated immediately upon notice to the provider if any change is unacceptable. Continued use of the Services following any change constitutes acceptance of the change.
5.2. The provider of the Services or the subscribing organization may terminate the subscription for access to the Services. The subscribing organization shall provide written notice of its intent to terminate its access to the Services. The provider of the Services may suspend, disrupt, terminate or discontinue providing the Services or Materials to Subscriber with or without notice.
5.3. Except as otherwise provided herein, all notices and other communications hereunder may be in writing or displayed electronically in the Services by the provider thereof. Notices shall be deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, if displayed in the Services; or on the date received, if delivered in any other manner.
5.4. The failure of the provider of the Services or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later date.
5.5. The provider of the Services is authorized to perform searches on behalf of the Subscriber as requested by the Subscriber, monitor its sessions and activities in the Services and make recommendations to the subscribing organization as to their use of the Services.
5.6. The Subscriber or subscribing organization may not assign its rights or delegate its duties under this subscription to access the Services without the prior written consent of the provider of the Services.
5.7. These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the State of Ohio.
5.8. Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
5.9. FCRA. The Subscriber shall ensure that they obtain a signed authorization and release from the subject of their search PRIOR to running a search, if the search is for employment purposes, housing or other purpose covered by the FCRA. Subscriber agrees to keep copies of these releases and to provide copies of all signed releases to Accureport, LLC on a monthly basis or as requested by Accureport, LLC. All such copies shall be mailed to Accureport, LLC at its principal place of business.
