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By ordering any report, Customer
agrees to all of the following Terms of Use:
 Customer
Responsibility:
Customer attests that he/she is not
obtaining a criminal report to harass, intimidate, or otherwise
infringe on the rights of another individual. Customer also attests
that he/she is not accessing criminal report information in order to
commit identity fraud. As required by law, BackgroundFerret.com will
fully cooperate with any law enforcement investigation into the use
of any reports for identity theft, fraud, or credit card fraud.
Customer agrees that in all cases,
even those in which only non-unique identifiers are contained in the
public record to match to your applicant's information, that the
final verification to match your applicant to any record(s) found is
the sole responsibility of you, the Customer. BackgroundFerret.com
does not and can not guarantee that any record returned is for that
of your applicant.
If you intend to use the information
provided through our services to make a decision that could
negatively affect another person's ability to secure employment,
insurance, credit or housing, then you must first inform the subject
of the report that you are obtaining a Consumer Report, and obtain
their written authorization. If used for these purposes, most
interpretations of the Fair Credit Reporting Act (FCRA) suggest that
you may only consider the past seven years of the applicant's
history - except for relevant convictions, which may be considered
no matter how long ago they occurred. Customer agrees that the
interpretation of the FCRA and any other laws governing the use of
Public Records for screening purposes is the sole responsibility of
the Customer and not that of BackgroundFerret.com.
By ordering any report from
BackgroundFerret.com, Customer agrees to use any information
contained in these reports in compliance with all local, county,
state, and federal laws. These laws may include, but are not limited
to: the Fair Credit Reporting Act, the Fair Housing Act (both of
which can be accessed via the
Free Resources
page of our website) and any other laws governing the use of public
records.
Indemnity
and Guaranties:
While BackgroundFerret.com is
committed to providing the most accurate and up-to-date information
available, no criminal checking system is foolproof. Every report
processed is checked against the original request to avoid data
entry discrepancies on our end, but you, the Customer, agree that
BackgroundFerret.com makes no warranties, express or implied, as to
the merchantability, fitness for a particular purpose, title,
non-infringement, or any other warranty, condition, guaranty, or
representation - whether oral, in writing, or in electronic form,
including but not limited to the accuracy, completeness, or
timeliness of any information provided by BackgroundFerret.com.
Customer agrees to indemnify and hold
harmless BackgroundFerret.com, its owner(s), officer(s),
director(s), employees, and any third-party companies, data
providers, or individuals contracted out by BackgroundFerret.com for
any claim for damages resulting from any information derived from or
provided by BackgroundFerret.com. Customer agrees that
BackgroundFerret.com is not liable for any damages (monetary or
otherwise) resulting from information derived from searches provided
by BackgroundFerret.com.
Customer agrees that under no
circumstances shall BackgroundFerret.com be liable for any damages
stemming from the Customer's use or misuse of any report provided by
BackgroundFerret.com. Customer further agrees that
BackgroundFerret.com is not responsible for any action taken by the
Customer based on information provided by any reports or information
provided by BackgroundFerret.com. Nor is BackgroundFerret.com
responsible for any damages to person or property caused by the
subject of a search, either directly or indirectly, whose criminal
history was not found using the search methods utilized by
BackgroundFerret.com.
Turnaround times listed on the
BackgroundFerret.com website are an honest representation of how
long it takes to perform each search, but BackgroundFerret.com does
not guarantee the stated turnaround times. Except in the case of a
blackout, fire, natural disaster, or other unforeseen circumstances,
you can expect to be notified via email in any case that your search
is expected to take longer than the stated turnaround time.
BackgroundFerret.com provides
reasonable measures to insure that the data included in its reports
is as accurate and up-to-date as possible, but can not, and does not
guarantee that if no criminal are found, that the subject of your
search does not have a criminal history in the area searched, or in
any other area.
No information on the
BackgroundFerret.com website, or any information conveyed by
BackgroundFerret.com whether orally, in writing, electronically, or
otherwise to any Customer, or potential Customer, is intended as
legal advice. If you intend to use criminal records information for
screening purposes, BackgroundFerret.com strongly recommends that
you have a legal professional trained in fair housing,
discrimination, and/or human resources laws to review your screening
criteria and processes to help insure that your use of any criminal
data complies with all applicable laws.
Refund
Policy/Other Stipulations:
Because BackgroundFerret.com incurs a
charge once a search is initiated, refunds will be granted once
either (1) In the case of electronic searches, the search has been
performed OR (2) In the case of searches that are conducted
manually, the information has already been sent to the appropriate
court researcher from our network of nationwide searchers.
If you have entered any information
in error, we encourage you to contact us immediately at (866)
598-9100. If the office is closed because it is after hours, on the
weekend, or a holiday, then we encourage you to leave a voicemail
message and also contact us via email at
support@backgroundferret.com. If at all possible, we will make a
good faith attempt to prevent the search from being performed. If
the search has not been performed or initiated, your credit card or
PayPal account will not be charged. If the search has been performed
or initiated, your credit card or PayPal account will be charged.
BackgroundFerret.com prides itself as
an industry leader when it comes to providing you with an honest
appraisal of the benefits and drawbacks of each type of search
offered, both on our
Frequently Asked
Questions Page and in the detailed descriptions of each and
every search that we offer.
BackgroundFerret.com accesses many
different sources of criminal records information. Customer
acknowledges that BackgroundFerret.com does not independently
compile criminal records information directly and therefore has no
control over the completeness and accuracy of any of the criminal
databases or court records accessed. The Customer also agrees
that if a record is not found in a statewide database search or a
manual courthouse search, it is through no fault of
BackgroundFerret.com and refunds will not be issued just because no
matching records were found.
Customer also agrees that if a record
is found that contains any inaccurate information, that
BackgroundFerret.com shall not be liable for any inaccuracies. The
Customer agrees to absolve BackgroundFerret.com from any legal
obligation regarding any aspect of having any inaccuracies corrected
or updated. However, in such cases, BackgroundFerret.com will make a
good-faith effort to direct Customer to the appropriate court,
state, government, other agency or company to correct any such
inaccuracy.
The Customer agrees to pay for the
search service, not the results, so even if no matching records are
found the Customer agrees to pay the listed search price.
Customer also agrees to accept all
responsibility to notify BackgroundFerret.com of any report not
received. Although BackgroundFerret.com has never sent any SPAM
(junk email) messages, the results of a search that we email to you
may sometimes be misidentified as SPAM by your email program, your
Internet Service Provider, antivirus software, or your company's
Information Technology Department (or its equivalent). In such
cases, if you have not received your report within the stated
turnaround time (please refer to the full search description for
detailed turnaround time information), you should first check any
folder to which your email program may send suspected SPAM emails.
This could be your Deleted, SPAM, Junk Mail, or other such email
folder. If you still have not received your report, Customer agrees
to contact us at (866) 598-9100 to arrange delivery of the report to
an alternate email address or by other means.
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Criminal
Records
