Disclaimer (check to proceed at bottom)
I agree to all the considerations of the mutual covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, agree as follows :
- Services
- Customer certifies that the primary use of service is to obtain background reports, (which may include credit reports), in connection with the evaluation of individuals for employment, promotion, reassignment or retention as an employee or for business purposes before entering into a financial agreement.
- Customers shall request background reports from time to time, pursuant to procedures pre-scribed, for reasons listed above and no other purpose. Customer is the End User of reports. The background reports listed on the Description of Searches, include public and non-public reports provided by government and private entities.
- Confidentiality
- The Customer agrees that all reports will be used one time only and kept strictly confidential, except as required by law, and will not disclose information from reports to any third parties not involved in the current employment decision. Customer agrees to comply at all times with the Fair Credit Reporting Act (FCRA), Drivers Privacy Protection Act, (DPPA), and all other applicable laws as these provide protection for the general public. No information will be requested for the use of any individual or corporation other than the Customer. Requests for report information from the person who is the subject of the report will be referred to the Customer who will provide the report information for disclosure only as provided under the Fair Credit Reporting Act or other applicable laws. Information will not be used in violation of any applicable federal or state equal employment opportunity law or regulation.
- Before a consumer report is obtained; a clear and conspicuous disclosure is made in writing to the applicant in a document that consists solely of the disclosure that a background report may be obtained for employment purposes. Customer will obtain a written consent signed by the subject individual prior to requesting a report from the Provider. Customer will maintain copies of all written authorization for a minimum of five (5) years from the date of inquiry or such longer period of time as required by law. Each request for a report will further state the specific purpose involved in each transaction and such reports will be used for no other purpose.
- Customer further certifies that before taking adverse action, whether based wholly or partly on information provided in the background report, it will provide the consumer; A copy of the background results; and A copy of the consumer's rights, in the format approved by the Federal Trade Commission (FTC).
- The Customer agrees to hold Provider and Provider's affiliates from whom such reports were obtained,as well as their officers, employees, independent contractors, agents and assigns harmless from and against any expense or damage resulting from obtaining or publishing report information contrary to these conditions, by the Customer, its employees or agents.
- Recognizing that information is secured by and through fallible human sources and that the Provider cannot insure the accuracy of the information, the Customer understands and agrees that the accuracy of any information furnished is not guaranteed by Provider and the Customer releases Provider, Provider's affiliated companies, all companies and their affiliates from which Provider obtains these reports, and all of their officers, employees, independent contractors, agents and assigns, from any and all liability, including, without limitation, liability or damage from any negligence in connection with the preparation of such reports and from any loss or expenses suffered by the customer resulting directly or indirectly from such reports or those of the Customer's affiliated companies.
- Certify that the customer is properly licensed for business, is the End User and will not resell the information to any third party.
- It is a requirement that all end users take precautions to secure any system or device used to access consumer information. There should be limited access, in a secure environment, restricted to a few key personnel.
- General Terms
- The Customer shall pay a license fee and all other charges incidental to the use of EZyCHECK.
- This Agreement may be canceled at any time by thirty (30) days written notice by either party, but such cancellation shall not terminate the Customer's obligation to pay for services previously requested or rendered.
- This Agreement shall remain in force and effect for one year from date hereof, and thereafter, from year to year, on the same basis as set forth herein except, with just cause, such as delinquency or violation of the terms of the contract or a legal requirement, Provider may, upon its election, discontinue serving the Customer and cancel the Agreement immediately.
- This Agreement constitutes the complete and entire Agreement between the parties and cannot be altered, amended or modified except by a written amendment executed by an authorized representative of both parties.
- The Customer agrees that it will pay all bills for services rendered according to the rate schedule in effect at the time services are rendered. Payment will be due based on terms of authorized signed User Agreement. Interest of one and one-half percent (1-1/2%) per month will be due on payments received fifteen days after the date of the invoice. Bills are based on the request for information and generated at the time the request was made.
- Recitals
- Epic Concepts LLC ("Software developer and Provider") is the owner of the computer software known as EZyCHECK and of all copyrights, trademarks, trade secret rights and other rights and interests in EZyCHECK. The term EZyCHECK also includes all written or printed documentation regarding EZyCHECK and the use of EZyCHECK.
- Licensor hereby grants to Customer a non-transferable, non-exclusive license to use EZyCHECK subject to the terms, conditions, and restrictions set forth in this Agreement. Nothing in this Agreement shall be construed to convey any title or ownership rights in EZyCHECK to the Customer. Customer has no title or ownership rights in the use of the name EZyCHECK.
- The License is for the use of EZyCHECK only by the Customer at the Customer's business address set forth in written agreement. The Customer may copy EZyCHECK solely for backup purposes and only so long as all-copyright and other notices are reproduced and included on the copy. The Customer may not distribute copies of EZyCHECK or its documentation. The Customer shall not sublease, assign, or transfer all or any part of the License and any attempt to do so is void.
- The License continues in effect until terminated as set out in General Terms (b), of the Customer Agreement. This License will also terminate if the Customer fails to comply with any term or condition of this License. In the event the License is terminated, Customer will destroy all originals and copies of EZyCHECK and its documentation, in all forms.
- Warranties and Remedies
- In the event EZyCHECK fails to conform to the documentation provided by Provider to Customer, Licensor's sole obligation shall be to correct such errors or malfunctions that exist in EZyCHECK, and Licensor shall have no liability for any claims whatsoever which result from such errors or malfunctions. Further, Licensor shall have no liability whatsoever for any claims, which result from any alteration or modification to EZyCHECK by Customer or as a result of the use of EZyCHECK in combination with other computer programs or data, not furnished by Licensor.
- Customer agrees that the amount of any liability of the Licensor under this Agreement, or otherwise, shall not exceed the license fee pAide by the Customer for EZyCHECK. No action by Customer against Licensor arising out of the transactions under this Agreement may be brought by the Customer more than one (1) year after the date of the transaction which is the subject of that legal action.
- In no event will licensor be liable to customer for any consequential, incidental, direct or indirect damages, including, without limitation, loss of data, loss of profits, lost savings or other incidental or consequential damages arising out of the use or inability to use EZyCHECK, even if licensor or any of its representatives has been advised of the possibility of such damages, or for any claim by any third party. Licensor shall not under any circumstances, be liable for any loss of files, pertinent business information, or information as a result of data conversion. Any written or oral representation or warranty not expressly set forth in this agreement shall not be enforceable by the customer.
- In the event that the provider of information is required to engage the services of legal counsel to enforce its rights under this Agreement, the provider shall be entitled to reasonable attorney's fees and cost from the Customer. In the event of litigation, such fees and cost shall include those for trial, appeal, and to any bankruptcy proceeding. Jurisdiction for any legal action related to this Agreement will be in Florida.
- The invalidity or unenforceability of any provision in the Agreement shall not in any way affect the validity or enforceability of any other provision and this Agreement shall be construed in all respects as if such invalid or unenforceable provision had never been in the Agreement.
- This Agreement shall be governed by and interpreted under the laws of the Florida.
- End user is responsible for any applicable sales or use tax.
I agree to all the considerations of the mutual covenants contained herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, agree as follows:
Click to Agree to Terms and Use of Service
View Printable Contract/Disclaimer:(PDF)