Terms Of Use

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by the Terms of Use. If you do not agree with any of the Terms of Use below, do not access or otherwise use this Site. SafeGuard Background Screening reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification. The Terms of Use apply to all users of this Site.

Fair Credit Reporting Act (FCRA) Certification

The information provided by SafeGuard Background Screening is deemed a consumer report. As such, the procurement and use of such information is regulated by the Fair Credit Reporting Act (FCRA).

The FCRA requires that end-users make the following certifications to SafeGuard Background Screening in connection with this account:

1) Provide disclosure to the applicant/employee before procuring a background report. Obtain written authorization from the applicant/employee before procuring a background report.

2) Not use the information in the background report in violation of any federal or state equal opportunity laws.

3) Use the background report only for the following permissible purpose: Employment Screening

4) Follow adverse action procedures if a negative action is considered against the consumer.
SafeGuard Background Screening is also providing you a copy of Notice to Users of Consumer Reports: Obligations of Users under the FCRA. A copy may also be downloaded from the FTC website at http://www.ftc.gov/os/2004/11/041119factaapph.pdf.

BACKGROUND SCREENING SERVICE AGREEMENT

This agreement is made and entered into by and between SafeGuard Background Screening, Inc., an Ohio corporation having principal offices at 3700 Park East Drive #240 Beachwood, Ohio 44122 (herein referred to as "SafeGuard") and the company or individual named above, having principal offices located at the address shown above (hereinafter referred to as "Subscriber").

SafeGuard and Subscriber agree as follows:

1. SERVICES AND PERFORMANCE: SafeGuard collects information from public sources which it provides on a per request basis to Subscribers. SafeGuard does not interpret, alter or amend such information. SafeGuard agrees to use its best efforts and industry accepted methods to deliver to Subscriber collected information that relates to a written or electronic request for such information by Subscriber and Subscriber's authorized user(s). SafeGuard is deemed a Consumer Reporting Agency (CRA) under federal law and applicable state laws. Drug Screening services are provided when requested by Subscriber and Subscriber's authorized user(s). SafeGuard may also perform other types of related and complimentary services as requested by Subscriber and Subscriber's authorized user(s). Subscribers that request credit reports are subject to additional requirements as outlined in a supplemental agreement for credit report services.

2. CHARGES AND FEES: For each response to a request for information (including a response that there is "no record") Subscriber agrees to pay SafeGuard the fee stated on the pricing exhibit, plus any applicable out of pocket or third party fees unless otherwise agreed. SafeGuard may offer and Subscriber may utilize additional services not listed on the pricing exhibit; such services are billed at the then-prevailing rate at the time services are ordered by Subscriber. SafeGuard's fee for responding to a Subscriber request is subject to change at SafeGuard's discretion. SafeGuard will make a best effort to provide reasonable written or electronic notice of changes to third party fees; however, such fees are subject to change without notice.

3. TIMELY PAYMENT: Subscriber agrees to deliver payment to SafeGuard for services by use of credit card, ACH, or other electronic means. SafeGuard may, at its discretion, invoice customer on a monthly basis. Upon receipt of a monthly invoice statement provided to the Billing Contact shown on this agreement. Invoices not paid within thirty (30) days after the date of the statement are considered past due, and may be assessed a late payment charge at therate of 1 ½% per month (18% annual) from the date that such amount became due. Invoices not paid within sixty (60) days after the date of the statement may result in suspension of services, in addition to the late payment charge listed above. An account reinstatement fee may apply.

4. FCRA END USER CERTIFICATION

Subscriber hereby agrees to request and user information and certified to the following in compliance with the Fair Credit Reporting Act (FCRA) as follows: (a) Subscriber agrees that it will request and use information received from SafeGuard solely for permissible purpose(s) identified on Page One of this Agreement. (b) All such information will be used and maintained by the Subscriber as prescribed by law and disclosed only to those persons whose duties relate to the legitimate business purposes for which the information is requested. (c) Subscriber will not sell or otherwise re-distribute information received from SafeGuard to third parties. (d) Subscriber will comply with all federal, state and local statutes, regulations and rules governing the use of any information received under this Agreement, including, but not limited to, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). (e) Information will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. (f) If any information provided by SafeGuard to Subscriber is subsequently restricted, prohibited, sealed or expunged for any reason by federal, state or local law, Subscriber will immediately discontinue use of all such information and, if required by law, will delete such information from Subscriber's records. (g) Subscriber agrees to obtain written or electronic consent from the consumer, to maintain records of this consent for as long as required by law, to provide consumers with a copy of their Rights Under the Fair Credit Reporting Act, and provide consumers with appropriate Pre-Adverse and Adverse Action notices at such time Subscriber intends to use or uses a consumer report to take adverse action against a consumer. (h) Subscriber will provide a copy of the consumer's consent to SafeGuard upon request. Failure to obtain, maintain and/or provide consent of the consumer, and comply with the provisions of the FCRA and applicable state law, may result in immediate suspension services, including access to previously requested information.

5. TERMINATION: This Agreement may be terminated with 30 days written notice by either party; however, no termination will release Subscriber from obligations arising prior to SafeGuard's receipt of Subscriber's written intent to terminate.

6. LIMITATION OF LIABILITY: SafeGuard shall exercise reasonable efforts to furnish to the Subscriber complete and accurate information. SafeGuard's liability to Subscriber for any delay or failure to deliver requested information, or any alleged provision of incomplete or inaccurate information, is limited to returning the fees paid by Subscriber to SafeGuard, but only to the extent such fees relate to services provided by SafeGuard that caused Subscriber's alleged injury or loss. SafeGuard shall not be liable to Subscriber for any other damages, including punitive, exemplary or consequential, as they relate to the information provided or Subscriber's use or misuse of the information provided.

7. INDEMNIFICATION: Subscriber shall indemnify, defend and hold SafeGuard harmless from any and all costs, expenses and liabilities which may be paid by or assessed against SafeGuard as a result of Subscriber's request or use of information furnished to Subscriber by SafeGuard.

8. CONTRACT IN ENTIRETY: This Agreement sets forth the entire understanding and agreement between SafeGuard and Subscriber and supersedes any prior or contemporaneous oral or written agreements or representations. This Agreement may be modified only by a written amendment duly executed by both parties.

9. WARRANTY AND GUARANTEE: SafeGuard warrants that its collection of information is conducted in accordance with all applicable laws and regulations. SafeGuard does not guarantee or warrant the accuracy or completeness of information provided, other than that it was accurately copied from public record and reported in accordance with federal and applicable state laws.

10. ATTORNEYS FEES: Subscriber agrees to pay all collection costs and/or attorneys fees incurred by SafeGuard to enforce the terms of this Agreement.

11. ASSIGNMENT: This Agreement may not be assigned without the prior written consent of the other party.

12. APPLICABLE LAW: Information delivered by SafeGuard to Subscriber shall be made by and under the law of applicable jurisdictions, including United States Law and Codes and applicable state law (based on the location of subscriber, location of subject/applicant, and location of records). This Agreement itself shall be deemed made in the State of Ohio and shall be construed in accordance with the laws of the State of Ohio, County of Cuyahoga. Any claim against SafeGuard by Subscriber shall be brought only in a court of competent jurisdiction in Cuyahoga County, Ohio.

13. WAIVER: Either party's waiver or any breach or default by the other shall not be deemed a waiver of any future breach or default by such other party.

14. HEADINGS: Paragraph headings are for convenience only and are not to be intended to modify or affect the meaning of any provision herein.

15. HEIRS AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

16. NOTICES: All notices, requests or other communications must be in writing and will be deemed given when deposited in the U.S. Mail and addressed to SafeGuard at the following address: SafeGuard Background Screening, LLC, 3700 Park East Drive #240 Cleveland, Ohio 44122.

17. SUPPLEMENTAL CERTIFICATION FOR EMPLOYERS WHO MAY PERFORM BACKGROUND CHECKS ON CALIFORNIA RESIDENTS AND/OR EMPLOYERS LOCATED IN THE STATE OF CALIFORNIA: Subscriber hereby certifies to SafeGuard that under California law, when a pre-employment screening background report is conducted on a California resident, the Employer will do the following:

a. Advise the consumer (applicant) that an Investigative Consumer Report concerning a consumer's character, general reputation, personal characteristics, and mode of living will be made no later than three days after it is requested.

b. Notify the consumer of the name and address of the agency preparing the report.

c. Shall place in the notification a summary of a consumer's rights to review files and information about them.

d. Provide the consumer (applicant) with a copy of the report and information on who issued the report and how to contact them, either at the time of the meeting or interview between the consumer and the person who requests an investigative consumer report regarding that consumer or within seven days of the date such person receives the report, whichever is earlier. (If consumer/applicant indicates on the input or combined authorization/disclosure that they would like a copy of the report)

Subscriber understands this Certification is a supplement to the Certification that Subscriber has already signed concerning the obligations of an employer under the federal Fair Credit Reporting Act.

Addendum to Service Agreement for Credit Reports

SafeGuard Background Screening has partnered with TransUnion®, Experian®, and/or Equifax® to provide our customers access to consumer credit reports. In order to access such credit reports, this Service Agreement Addendum must be completed. The additional information requested is required by Experian in order to access the information. It also ensures that TransUnion®, Experian®, and/or Equifax®, SafeGuard Background Screening and our clients remain in compliance with the Fair Credit Reporting Act and other applicable laws.

Customer hereby requests access to Experian Credit Reports through SafeGuard Background Screening. Customer acknowledges and agrees that the decision to grant access to Credit Reports is conditional upon 1) the successful completion of a physical inspection of the company's business premises, and 2) receipt by SafeGuard Background Screening of all documentation necessary to support the Customer's request for access to Credit Reports.

Customer understands that SafeGuard Background Screening may use a contracted agent network to perform a physical inspection of the company's business location, including photos of the premises as required by TransUnion®, Experian®, and/or Equifax®. Customer understands that a Credit Report Setup fee of will be charged to cover costs associated with inspection of the business premises.

Upon successful completion of the physical inspection and receipt by SafeGuard Background Screening of all required documentation, Customer will be granted access to Credit Reports. Prior to ordering a credit report concerning an applicant, Customer will ensure that the applicant has consented in writing to the procurement of a Credit Report, and that Customer is requesting the report for a legally compliant permissible purpose of Employment Screening.

Service Agreement and End-User Responsibilities for TransUnion®, Experian®, and/or Equifax® Employment Credit Reports

> SafeGuard Background Screening ("reseller") has access to consumer reports from TransUnion®, Experian®, and/or Equifax® credit reporting agency.

> Subscriber is NOT considered any of the following: bail bond companies; credit repair companies, including credit counseling and credit clinics; investigative companies, including private investigators and detective agencies; attorney and paralegal firms, other than those whose sole and exclusive practice is collections; news agencies or journalists; law enforcement (except for employment screening); dating services; asset location services (does not include collection agencies).

> Subscriber shall request Consumer Report for Employment Purposes pursuant to procedures prescribed by Reseller from time to time only when it is considering the individual inquired upon for employment, promotion, reassignment or retention as an employee, and for no other purpose.

> Subscriber certifies that it will not request a Consumer Report for Employment Purposes unless:
- A clear and conspicuous disclosure is first made in writing to the consumer before the report is obtained, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes;
- The consumer has authorized in writing the procurement of the report; and
- Information from the Consumer Report for Employment Purposes will not be used in violation of any applicable federal or state equal opportunity law or regulation.

> Subscriber further certifies that before taking adverse action in whole or in part based on the Consumer Report for Employment Purposes, it will provide the consumer:
- A copy of the Consumer Report for Employment Purposes; and
- A copy of the consumer's rights, in the format approved by the Federal Trade Commission, which notice shall be supplied to Subscriber by Reseller.

> Subscriber shall use Consumer Report for Employment Purposes only for a one-time use, and shall hold the report in strict confidence, and not disclose it to any third parties not involved in the current decision.

> Subscriber is the "end user" and will not resell the report or the information contained therein.

> Subscriber will maintain copies of all written authorizations for a minimum of three (3) years from the date of inquiry.

> With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, or a material change in existing legal requirements which adversely affects this Agreement, Reseller may, upon its election, discontinue serving the Subscriber and cancel this Agreement immediately.

> If subscriber operates from a residence, additional charges and requirements will apply.

Authorization and Acceptance

By submitting an application for service or by accessing and using the site, I hereby certify that I am authorized to execute this Service Agreement Addendum for Credit Reports on behalf of the Company listed above.

I HAVE AREAD AND AGREE TO THE TERMS DESCRIBED ABOVE IN THE SERVICE AGREEMENT AND SELECTED ADDENDUM(S).


SafeGuard Background Screening - Terms of Use Agreement Governing Use of the SafeGuard Background Screening Hosted Service

IMPORTANT — READ CAREFULLY: This Terms of Use Agreement ("Agreement") is a legal agreement between SafeGuard Background Screening ("Company") and the person accessing the Hosted Service ("you"), and governs your use of the Hosted Service.

You have been invited to access and use the Hosted Service by Company or its representative. By accessing or otherwise using the Hosted Service (including any portion of the Hosted Service) or any of the data from the Hosted Service, you represent that: (a) you are either (i) a researcher providing information to Company in connection with a background check (or an employee or agent of, or consultant to, such a researcher who is authorized to accept these terms on behalf of that researcher, in which event "you" and "your" will refer to you and such researcher); or (ii) a customer purchasing background check services from Company (or an employee or agent of, or consultant to, such a customer who is authorized to accept these terms on behalf of that customer, in which event "you" and "your" will refer to you and such customer), and (b) you intend to be personally bound by the terms of this Agreement. If you are not so authorized or do not intend to be personally bound, Company is unwilling to provide you with access to the Hosted Service, and the access or use of the Hosted Service is a violation of U.S. and international copyright laws and conventions.

1. Defined Terms

“Hosted Service” means the provision of access over the Internet to the Company Intellectual Property for your Authorized Use.

“Authorized Use” means that you may access or use the Hosted Service only as follows: (a) if you are a researcher to Company, you may access and use the Hosted Service to provide information to Company in connection with a background check; and (b) if you are a customer of Company, you may access and use the Hosted Service to order and purchase background check services from Company.

“Company Intellectual Property” means the background check software as well as other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Hosted Service, whether owned by Company or licensed to Company by third party licensors, developers or other suppliers (collectively, “Suppliers”). Company Intellectual Property includes any modifications, error corrections, updates, enhancements, and upgrades to the Company Intellectual Property; any HTML code and/or Java applet(s) generated by or included in the Hosted Service; the Company’s website through which the Hosted Service is accessed; content included on the Company’s website and any information generated by or collected through use of the Hosted Service; and any associated media, training materials, printed materials, and online or electronic documentation.

2. Access and Use License to the Hosted Service

You may access and use the Hosted Service only for your Authorized Use. The extent to which you can access the Hosted Service is determined by Company and is further limited as specified in the Hosted Service user documentation contained in the “Online Help” screen. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the Hosted Service, or its contents, for any other purpose.

3. Ownership of Intellectual Property

The Hosted Service contains confidential trade secret information of Company and its Suppliers. Company (and its Suppliers) retains all right, title and ownership of the Hosted Service, including the Company Intellectual Property, and any and all proprietary rights (including patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks or proprietary inventions, designs, information, sequence, structure, organization, and functionality) with respect to all of the foregoing. Nothing in this Agreement is intended to convey any rights therein to you, other than the right to use the Hosted Service in the manner and to the extent permitted in this Agreement.

4. Passwords

Upon your registration, Company will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service security; and (d) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Company reserves the right to suspend, or to refuse any further, access or use of the Hosted Service if Company learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you (and not Company) are responsible for maintaining the confidentiality of the password and that you (and not Company) are liable for any harm that may result from disclosing (or allowing the disclosure of) your password or other breach of this Agreement.

5. Prohibited Actions

As a condition to your Authorized Use of the Hosted Service, you must use the Hosted Service for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Company, in its sole and absolute discretion, will determine:

(a) Restrict or inhibit any authorized users from accessing or using the Hosted Service;

(b) Transmit to or introduce at the Hosted Service any viruses intended to damage, interfere with, disrupt, intercept or expropriate the Hosted Service ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect ("System Attacks");

(c) Use the Hosted Service for any purposes that are unlawful or illegal under any law, regulation or legal requirement or that could give rise to civil or criminal liability or actions against Company (or its Suppliers), you or any other third party;

(d) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary revisions (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or

(e) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Hosted Service that infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights.

6. Other Restrictions and Limitations Applicable to Your Use of the Hosted Service

(a) Confidentiality. The Hosted Service is confidential and proprietary to Company (and its Suppliers). You agree that, unless you have the express written consent of Company, you will not disclose, transfer or otherwise provide to any third party all or any part of such Hosted Service except as authorized by this Agreement.

(b) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Company Intellectual Property, including any other technology utilized to provide the Hosted Service.

(c) No copies or modifications. You may not modify, publish, participate in the transfer or sale of, or create new works from any of the Hosted Service, in whole or in part.

(d) Rental. You may not rent or lease any of the Hosted Service.

(e) Proprietary Notices. You may not remove any copyright, trademark or other proprietary notices from the Hosted Service or any content or information generated from it.

7. Termination

Your access to and use of the Hosted Service may be terminated, limited, denied or disabled at any time, without the necessity of Company sending you notice or otherwise advising you of your loss of rights, if you use the Hosted Service in a way that is not authorized or if you otherwise violate any of the terms, conditions or restrictions stated in this Agreement. Accordingly, you may or may not be able to recover information stored on the Hosted Service. Termination or cancellation of this Agreement will not affect any right or relief to which Company or its Suppliers may be entitled, at law or in equity. Upon termination of this Agreement, all rights to use the Hosted Service will terminate.

8. Disclaimer of Warranty.

The Hosted Service is provided "AS IS," without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE HOSTED SERVICE, AND ACCESS TO THE HOSTED SERVICE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF OR ACCESS TO THE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR ACTUAL RIGHTS MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

9. Indemnification

You agree to indemnify, defend, and hold harmless Company and its Suppliers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Hosted Service by you or any other person who accesses the Hosted Service using your login ID or password; (b) any violation of this Agreement; or (c) any violation of any rights of a third party.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOSTED SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED $100.00 (ONE HUNDRED DOLLARS).

11. Claims Regarding Your Use of The Hosted Service

This Agreement is governed by and is to be construed under the laws of the State of Texas. The sole jurisdiction and venue for any litigation arising out of this agreement will be an appropriate state or federal court in Travis County, Texas. You hereby consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If Company brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of this Agreement, Company will be entitled to recover from you (and you agree to pay), in addition to all damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court will reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this Agreement.

12. Entire Agreement; Changes to this Agreement
The terms of this Agreement constitute the entire and exclusive agreement between you and Company regarding the Hosted Service and its use, and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Hosted Service. Company retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes Company may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. Otherwise, this Agreement may not be superseded or modified except in a writing signed by an authorized representative of Company. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Hosted Service.

If you have any questions concerning this Agreement, please contact Company by writing or emailing: SafeGuard Background Screening, 3700 Park East Drive #240 Beachwood, Ohio 44122: info@safeguardcertify.com.