Last Modified on Tuesday, March 10, 2020
The following Terms of Service ("Terms", "Service Agreement") applies to all websites, APIs and other services ("Services") owned or operated by Backgrounds Online ("we", "us", "our", "Backgrounds Online").
Backgrounds Online provides national background checking and verification services using local databases and information obtained from third parties. To learn about costs for these services, please read our Payment Policy
You certify that you are eligible and authorized to use the websites and Services provided by Backgrounds Online and that you are 18 years of age or older, legally competent and that you have not been barred from receiving services under any US Law or applicable jurisdiction. If you are creating an account for an entity (such as business where you volunteer or are employed), then you represent to us that you are legally authorized to represent and bind that entity to these Terms.
Each party has full power and authority to enter into and perform this Agreement. Each party acknowledges that they have read and understood this Agreement and agree to be bound by it. Each party further acknowledges this Agreement shall be stored in electronic form AND THAT USE OF BACKGROUNDS ONLINE'S SERVICES CONSTITUTES FULL ACCEPTANCE OF THIS AGREEMENT.
Backgrounds Online reserves the right to refuse service to any potential or existing customer without notice.
You acknowledge and agree that your use of our Services and products will only be authorized after Backgrounds Online reviews and approves your account. We will not assemble background screening reports until your account is approved. If your account is approved, then you agree to comply with our Terms so long as the account is active.
You agree that any report you order is for a one-time use only, meaning a report you use while making an initial hiring decision may not later be used to make a decision about a potential job change, promotion or for any other purpose.
Accounts, Passwords And Unauthorized Use
When you create an account with Backgrounds Online, you represent and warrant that the information you provide is accurate, current and true. Should any of your information change, you agree that you will update your account information as soon as is reasonable to do so and that you will keep it accurate and current at all times.
Upon creating an account with us, you will establish a Username and Password. You agree that you will not share that information with any other person and that you may not authorize any other individual to use or access your Backgrounds Online account. You further agree that you may not transfer, lend, sell or authorize use of your account to any individual or entity.
You are solely responsible for safeguarding your account information and any other information that is used to access the Services of Backgrounds Online. We encourage you to implement strong passwords that cannot be easily guessed. If you believe that an unauthorized entity has accessed your account, then you agree that you will notify us as soon as is reasonable to do so via email at email@example.com. If you believe your account has been accessed and fail to notify us, then your account may be suspended. In the event that your account is accessed by an unauthorized party, you agree that you shall be held solely responsible for any costs incurred during that breach and that you shall issue notice to all affected individuals.
Any notice required or permitted to be given hereunder shall be in writing and shall be sent by certified mail to Subscriber, at the address on the face hereof, and to Backgrounds Online at 1915 21st Street, Sacramento CA 95811.
Backgrounds Online customers that are based in California are entitled to additional consumer rights information under California Civil Code Section 1789.3. To obtain this information, California residents may contact Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254.
Subscriber shall not assign this agreement without Backgrounds Online prior written consent, which shall not be unreasonably withheld.
Use Of Our Services
When you create an account, Backgrounds Online grants you non-exclusive, limited, non-transferable use of our Services, which may be revoked at any time. Your use of our Services is subject to this Service Agreement and all other applicable Terms. You agree that you will not copy, distribute, create derivative works of or re-sell our content or any part of the Services we offer. Further, you will not reverse engineer, modify or make any attempt to locate underlying source codes, algorithms or programming interfaces.
Intellectual Property of Backgrounds Online
Any and all rights, titles and interest in the Services provided by Backgrounds Online are and shall remain the exclusive property of Backgrounds Online. Nothing in this Service Agreement or any other Terms authorizes use of the Backgrounds Online name or associated trademarks. This includes, but is not limited to the Backgrounds Online name, logo, domain, content or any distinctive brand feature.
Warranties and Remedies
Subscriber understands that the information Backgrounds Online obtains and provides in its products and reports comes from various third parties "AS IS" and is therefore provided to the Subscriber "AS IS." Backgrounds Online and Third Parties do not warrant or guarantee the correctness, completeness, currency, merchantability or fitness for a particular purpose of the services or the components thereof. Backgrounds Online and Third Parties do not make and hereby disclaim any warranty, expressed or implied. Nevertheless, Backgrounds Online has procedures in place designed to respond quickly and efficiently to claims of incorrect or inaccurate information in accordance with the FCRA and federal/state laws.
Subscriber acknowledges that the information in reports is secured from and processed by fallible sources (humans and otherwise) and that every business decision involves assumption of a risk, and neither Backgrounds Online nor Third Parties assume that risk. If, notwithstanding the foregoing, liability can be imposed on Backgrounds Online and/or Third Parties, then Subscriber agrees that Backgrounds Online's and/or Third Parties' aggregate liability for any and all losses or injuries to Subscriber arising out of any act or omission of Backgrounds Online and/or Third Parties in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury (to include negligence) and regardless of the nature of the equitable or legal right claimed to have been violated, shall never exceed all fees paid by Subscriber to Backgrounds Online during the previous 6 months. Neither Backgrounds Online nor third parties shall be liable to Subscriber or to any person claiming through Subscriber or to whom Subscriber may have provided service-related data for any loss or injury arising out of or caused in whole or in part by Backgrounds Online's or Third Parties' negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering services or in otherwise performing this Agreement.
Subscriber hereby agrees to protect, indemnify, defend, and hold harmless Backgrounds Online and all Third Parties from and against any and all costs, claims, demands, damages, losses, and liabilities (including legal fees) arising from or in any way related to use of information by Subscriber (or any third party receiving such information from or through Subscriber) obtained from Backgrounds Online. In turn, Backgrounds Online shall indemnify, defend, and hold harmless Subscriber from and against any and all costs, claims, demands, damages, losses and liabilities (including legal fees) brought or suffered by any third party arising or resulting from, or otherwise in connection with, any breach by Backgrounds Online of any of its representations, warranties, or agreements in this Agreement or its negligence or willful misconduct.
You agree that your use of these Services is done at your sole risk. This includes but is not limited to: loss of data, damage to your computer system, damages that occur based on information received during use of a Service, and any other damages incurred. You understand and agree that the Services, data and content provided by Backgrounds Online, to the extent permitted by applicable law, is deemed "AS IS" or "AS AVAILABLE" and "WITH ALL FAULTS."
Communications From Backgrounds Online
Upon creating an account with Backgrounds Online you agree to receive email communications from us with information that is relevant to your account and marketing emails. Backgrounds Online provides an option for you to opt out from receiving marketing emails at any time via a link within each marketing email.
Subscriber Credit Information
By executing this Agreement, Subscriber acknowledges and agrees that Backgrounds Online, in accordance with the FCRA and in connection with this application, may request Subscriber's consumer credit report. Subsequent consumer credit reports may be requested in connection with any update, renewal, or extension of credit to Subscriber.
Use of Information
The FCRA governs the activities of consumer credit reporting agencies, as well as the users of the information procured from these agencies. A consumer report contains information on a Consumer's (i.e. Job Applicant's) character, reputation, and other personal data. Employers, to screen Applicants, procure these reports. Subscriber agrees to comply with all aspects of the FCRA and any applicable Federal or State Equal Opportunity Employment law or regulation.
Among other things, the FCRA prohibits Users (Employers) from obtaining consumer reports unless the Employer discloses to the Applicant, in writing (the "REQUEST, AUTHORIZATION, CONSENT AND RELEASE FOR BACKGROUND INFORMATION" form), that such a report may be acquired. This disclosure must be in the form of a document that consists solely of the disclosure that a consumer report may be obtained for employment purposes. A copy of the Summary of Rights Under the FCRA must be provided to the Applicant at the time the release and disclosure is signed. This release must also state that if the Employer denies employment based on information from a Backgrounds Online report, the Applicant may make written inquiry requesting a disclosure of the nature and scope of the investigation.
Backgrounds Online does not render any opinions or decisions as to whether or not a person should be hired. In addition, Subscriber retains the final responsibility for the final verification of the employee/applicant/consumer's identity and decision regarding fitness for employment. If an Applicant makes such a request, Backgrounds Online will supply a complete and accurate disclosure of the nature and scope of the investigation within five days of the request. Backgrounds Online will reexamine any item the Applicant holds to be incorrect at no additional charge and, if necessary, supply a corrected report to the original Requester. Backgrounds Online keeps copies of each investigation for a period of not less than two years.
If a consumer reporting agency or user of such information willfully fails to comply with any FCRA requirements, the Consumer Reporting Agency and its agents are responsible to the subject of the report. Backgrounds Online complies with all the regulations set forth by the FCRA. In addition, any individual who knowingly and willfully obtains information from a consumer reporting agency under false pretenses may be fined not more than $5,000 or imprisoned not more than one year or both.
Backgrounds Online complies with and supports all provisions of the FCRA. We urge all employers to review its restrictions and requirements. The Act's citation is Public Law 91-508, Title 15, U.S.C. Sections 1681, et seq. Please note, particularly, the Permissible Purposes of Reports, as well as requirements on Users of Consumer Reports and Obtaining Information Under False Pretenses.
Backgrounds Online will use its best efforts to deliver services in an efficient manner and to regularly update and maintain its systems of information. Backgrounds Online shall not be responsible for delays or failures in performance resulting from acts beyond the control of Backgrounds Online. Such acts shall include but not be limited to: Acts of God, strikes, lock-outs, riots, governmental regulations superimposed after the fact, fire, system failures, earthquakes, or other disasters.
When Backgrounds Online is requested to research criminal records, Subscriber understands that the jurisdictions being searched are based solely on information provided by Subscriber and employee/applicant/consumer, as well as a social security trace when part of an order. Backgrounds Online will act only in an administrative capacity in matching zip codes and cities to the counties needing to be searched.
Your Legal Responsibilities
Subscriber understands that the permissible purpose for consumer reports provided by Backgrounds Online is limited strictly to employment consideration (including volunteers and independent contractor assignments, as applicable) and further agrees to comply with disclosure and authorization requirements to the consumer as required by the FCRA. Subscriber understands and agrees to comply with adverse action procedures required by the FCRA, understands the confidential nature of the information being requested and will keep it confidential when obtaining, retaining and destroying this confidential matter.
Subscriber will comply with all laws and regulations and will not use consumer information in violation of any state or federal law, including Equal Opportunity laws.
Subscriber agrees that the data provided by Backgrounds Online is strictly for information purposes. Backgrounds Online does not provide legal advice or offer any suggestions, opinions or endorsements regarding any individual or their eligibility for hire, promotion or any other purpose.
Your Legal Adverse Action Responsibilities
Subscriber understands that there are legal requirements and responsibilities when taking adverse action based in whole or part on consumer reports. Subscriber understands and agrees to comply with adverse action procedures required by the FCRA including requirements to provide a preliminary adverse action notice to consumers along with a copy of the consumer report and a Summary of Your Rights Under the Fair Credit Reporting Act; allowing the consumer a reasonable period of time to contact the CRA if the consumer wishes to dispute any information in the report; providing CRA contact information; and providing a final adverse action notice to the consumer if a final adverse decision is made.
Advice to Seek Legal Counsel
Backgrounds Online cannot guarantee Subscriber's compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. Backgrounds Online advises Subscriber that they have specific legal requirements in the use of consumer reports and that Subscriber should consult with their legal counsel regarding specific, legal responsibilities. Backgrounds Online does not offer or provide legal advice or counsel.
Legal Counsel Caveat & Recommendations
Subscriber understands that Backgrounds Online is not legal counsel and cannot provide legal advice. Subscriber should work with counsel to develop an employment screening program specific to their needs. It is necessary for Subscriber to work with counsel to ensure that its policies and procedures related to the use of CRA-provided information are in compliance with applicable state and federal laws.
Restrictions To Your Use Of Our Services
You agree that you will only use the Services provided by Backgrounds Online for legally approved purposes and that you will comply with every applicable federal, state and local law and regulation.
You further agree that you will not attempt to run a consumer report on any individual without first obtaining their authorization in writing.
Your use of this website and our Services is done at your sole risk. This includes, but is not limited to loss of data, damages incurred based on information found in a report that was prepared by Backgrounds Online, damages to your computer system including viruses or any other damages. This site is provided "AS IS" and "WITH FAULTS" and without warranty of any kind to the extent permitted by law. Backgrounds Online disclaims all warranties and conditions, express or implied, except as specified and allowed for by these Terms. No content or information on our website, Services or provided by an employee of Backgrounds Online shall create any warranty.
Backgrounds Online performs background screening services in accordance with industry standards. Backgrounds Online has reasonable policies and procedures in place to assure a high level of accuracy when preparing background screening reports. If any of the information contained in a report we prepare is disputed, then Backgrounds Online will re-verify the report in accordance with applicable laws. You acknowledge and agree that Backgrounds Online cannot guarantee the accuracy, completeness or validity of any information, as the information we receive from third party providers is subject to human error and not under the control of Backgrounds Online.
To the maximum extent permitted by applicable law, Backgrounds Online shall not be held liable for any direct, indirect, incidental, consequential, special or any other type of punitive damages, loss of profits or revenue (incurred directly or indirectly), loss of data, or any other loss that is a result of your access to or use of our Services (or your inability to access our Services); content that is displayed by or on any third party site or Service, including, without limitation, defamatory, offensive or illegal conduct of third parties or other users; content that was made available on our website or Services; or any unauthorized use or access of your account.
In no event shall the aggregate liability for Backgrounds Online exceed $100 or the amount paid to Backgrounds Online for Services in the last six month, if any of those Services result in a claim.
These limitations apply to any form of liability, whether they are based on warranty, contract, statute, tort or other, and regardless of whether or not Backgrounds Online was informed about the possibility of such damages, even if a remedy established herein is deemed to have failed its essential purpose.
By accessing this website or using our Services, you agree to indemnify and hold Backgrounds Online, along with its officers, directors, employees, agents and suppliers, harmless from any claims, actions, liabilities and settlements including, without limitation, reasonable legal fees and associated expenses that result from or allegedly result from your violation of these Terms or use of our Services.
In the event of a dispute, Backgrounds Online reserves the right to maintain exclusive control of our own defense. This right does not alter or excuse your obligation to indemnify Backgrounds Online.
Subscriber understands the sensitive nature of consumer reports, the need to protect the information and the consumer report retention and destruction practices outlined by the FCRA and DPPA. We agree to:
- Limit dissemination of consumer information to only those with legitimate need, permissible purpose, and authorized by consumer
- Retain consumer data in a confidential manner
- Destroy data in a secure manner to make it inaccessible, unreadable, and/or unrecoverable by:
- Burning, pulverizing, or shredding,
- Destroying or erasing electronic files, and/or
- After conducting due diligence, hiring a document destruction company. In addition, paper documents containing personally identifiable information (particularly name, date of birth and SSN), if retained at individual desks/workstations, shall be destroyed or inaccessible no later than the end of each work day.
- Protect the privacy of consumer information which is contained in motor vehicle records, and access DMV records only with written consent of consumer.
Term Of Agreement
This Agreement shall be for a term of month to month and shall be extended automatically for additional like terms unless either party submits written notice of termination thirty (30) days prior to the intended date of termination.
Backgrounds Online may terminate or revise the provisions of this Agreement immediately upon written notice if Subscriber is the debtor in a bankruptcy action or in an assignment for the benefit of creditors or in any other position of financial distress, or if Subscriber undergoes a change in ownership. Additionally, Backgrounds Online may terminate this Agreement, upon written notice to subscriber, in the event Subscriber's breach of this Agreement is reasonably determined by Backgrounds Online to be a violation of law or to present a risk of noncompliance by Backgrounds Online with applicable law. Notwithstanding anything to the contrary herein, following any termination of this Agreement, Backgrounds Online shall have no further obligation to maintain copies of background check results for access by Subscriber.
Controlling Law And Jurisdiction
In the event of any claim, action or proceeding between you and Backgrounds Online, you irrevocably agree that these Terms will be governed by the laws of California without regard to or application of conflict of laws in your area of residence.
Third Party Links and Trademarks
We may use logos or other trademarks from third party services. Use of such marks is exclusively done to identify the owner of that mark.
Websites and Services controlled by Backgrounds Online may contain links to third parties. You understand and acknowledge that Backgrounds Online has no control over any third party or the content displayed on their websites and Services, and we are therefore not responsible or liable for content, products or Services from any third party or damages, claims or losses that are related to your use of any third party. Backgrounds Online does not endorse any third party website or Service. You acknowledge that you are solely responsible for your use of any third party website or Service and that you assume all risk from such usage.
Updates To These Terms
Backgrounds Online has the right to update, amend, modify, suspend or terminate our Services or content, or any part thereof, without providing advance notification and at our sole discretion. We will not be liable to you or any person, entity or group for any suspension, termination or loss of information.
Our Terms shall remain in effect and enforceable while you use any of our Services. You may terminate your use of our Services at any time. Nothing in this section inhibits Backgrounds Online's ability to alter, suspend, limit or terminate Services without advance notification.
Severability And Enforcement of These Terms
If any term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. Our failure to enforce any provision within these Terms does not mean we waive the right to enforce that provision at another time or to enforce any other provision within these Terms.
Backgrounds Online Payment Policy
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT USE OR PURCHASE OUR SERVICES.
1. Payment Terms
Unless Backgrounds Online and you have a previously agreed-upon payment arrangement, payment to Backgrounds Online by you will be handled in one of the following ways:
i. Auto-Billing. If you enroll in the auto-bill program, you will be charged, using the credit card we have on file, at the beginning of each month for Services rendered during the previous month and any additional third-party fees. If the credit card you have on file with us expires or your information must be updated, you are responsible for promptly notifying our Client Support team by calling 800-838-4804 and logging in to your Account and updating your credit card information on the “Settings” page. You are responsible for and will be charged for any overdue account collection expenses, including but not limited to, agent fees, legal fees, and other associated expenses.
ii. Credit Card. If you enroll in the “pay-as-you-go” program, you are charged using the credit card provided at the time Services are ordered. Any additional third-party fees are charged once the report is completed.
iii. Invoices. If you elect to be invoiced, you will receive an invoice by us for Services rendered during the previous month at the then-prevailing rate for the ordered Services and any additional third-party fees that are due. Payment is due by you within twenty-one (21) days of receipt of any invoice. Unpaid or overdue invoice balances will accrue a finance charge of 2% per month or the highest lawful rate, whichever is less.
Failure to pay for any Service within five (5) days of notice by us to you may, in addition to any other rights and remedies we have, result in suspension or termination of your Account and/or the Services.
1.2 Bounced Checks
You agree to pay to Backgrounds Online $25.00 for any check that is returned unpaid from your bank. You further agree that you are responsible for and will be charged for any overdue account collection expenses, including but not limited to, agent fees, legal fees, and other associated expenses.
1.3 Additional Third-Party Fees
In addition to the fees due by you for the Services rendered by us, you will be responsible for any additional third-party fees that are incurred. By way of example, such fees may include, but are not limited to, court fees, state level criminal searches, state motor vehicle fees, verification services and international searches. All such fees are set by third-parties and therefore subject to change without prior notice.
All pricing information can be found on your Account page by clicking the “Pricing” link at the bottom of the webpage.
1.5 Pricing Changes
Subject to any fixed pricing guarantee between you and Backgrounds Online, Background Online may change the price of any Service at any time and at its sole discretion upon thirty (30) days’ prior notice to you.