easyRes Terms and Conditions of End User Agreement
10 Main Street
Newfields, New Hampshire 03856
easyBackgrounds, Inc. (easyBackgrounds) strives to deliver accurate and timely information products to provide you with an independent verification of your educational history and credentials and your employment history that can be consulted by such individuals, companies, and institutions as you may choose. To this end, easyBackgrounds prepares an investigative consumer report to verify your education credentials and history and your employment history. To accomplish this work, easyBackgrounds assembles information from a variety of sources, including databases maintained by information repositories containing information from academic institutions and employers and individuals representing academic institutions and employers. These information sources and resources are not maintained by easyBackgrounds, Inc. Therefore, it cannot guarantee that the information provided from these sources is absolutely accurate or current. Nevertheless, easyBackgrounds has in place procedures designed to respond promptly to claims of incorrect or inaccurate information in accordance with applicable law.
You certify that all of your orders for information products from easyBackgrounds shall be made as instructed by you in writing in accordance with Section 604(a)(2) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. You certify that you have received in written form a clear and conspicuous disclosure, in a document consisting solely of the disclosure explaining that an investigative consumer report will be prepared for you and that this disclosure satisfied all requirements identified in Section 606(a)(1) of the FCRA. You also certify that you have authorized, in writing, the obtaining of the report as instructed by you.
You will have the opportunity to, and be expected to, confirm the accuracy of easyBackgrounds’ on receipt of the report. You certify that you will dispute any information provided by easyBackgrounds that is inaccurate with ten (10) days of your receipt of the report. You hereby acknowledge that you have received a copy of the Summary of Rights (16 C.F.R. Part 601, Appendix A)
You certify that you accept sole and full responsibility for dissemination and management of the information products provided by easyBackgrounds pursuant to your order and instructions including the order identification number. In this regard, if you are denied employment, or other adverse employment action is taken against you based in whole or in part on the information products provided by easyBackgrounds, your recourse is solely with the employer that makes that decision. easyBackgrounds expressly disclaims any and all liability for employment decisions that may stem from the information it provides you or makes available pursuant to your instructions.
easyBackgrounds agrees not to resell, sub-license, deliver, display or otherwise distribute to any third party any of the information products addressed herein, except as required by law or when authorized by the consumer in writing. If any of the provisions of this Agreement become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be impacted. By agreement of the parties, New Hampshire law shall guide the interpretation of this Agreement, if such interpretation is required. All litigation arising out of this Agreement shall be commenced in New Hampshire, and the parties hereby consent to such jurisdiction and venue. Any written notice by either party shall be delivered personally by messenger, private mail courier service, or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses listed below. This Agreement shall be construed as if it were jointly prepared. Both parties agree that this Agreement constitutes all conditions of service, present and future. Changes to these conditions may be made only by mutual written consent of an authorized representative of End User and an officer of easyBackgrounds. The headings of each section shall have no effect upon the construction or interpretation of any part of this Agreement.
If you are permitted to request an investigative consumer report for yourself using easyBackgrounds’ website then, in addition to all other obligations, you agree to abide by such additional conditions as may be imposed to use the website, provide all required certifications electronically, and maintain strict security procedures and controls to assure that unauthorized persons not able to use your online access to obtain reports for improper, illegal, or unauthorized purposes. You agree to allow easyBackgrounds to audit your use of its system at any time, without further notice. Violations discovered by easyBackgrounds may result in immediate termination of your account, legal action, and/or referral to federal or state regulatory agencies. Refusal by you to cooperate in easyBackgrounds audits may result in immediate suspension of your access to the system.
Fees and Payment
You agree to pay the package price for the easyRes product that you select plus any additional fees required by third parties for access to their records. Any such additional fees will be passed through at cost by easyBackgrounds without markup. You agree to make payment by credit card and to provide your credit card information at the time of account creation [MB1] You agree that providing credit card information and/or submitting it electronically [MB2] to easyBackgrounds represents a legal authorization to debit the card for the orders placed, including third-party access fees. At easyBackgrounds’ option, payments that do not process will cause your account to be suspended until the balance due is paid in full or alternative payment arrangements have been made with easyBackgrounds’ Accounts Receivable Department. If the account goes to collection, you agree to pay all collection expenses, including attorneys’ fees and court costs. [JAG3] [MB4] In the event that a background check or elements thereof are cancelled by or at your request, you agree to pay fees due to third parties that are incurred by easyBackgrounds prior to that cancellation[MB5] .
Warranties and Remedies
You acknowledge and understand that easyBackgrounds obtains the information reported in its information products from various third‑party sources “AS IS”, and therefore is providing the information to you “AS IS”. easyBackgrounds makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports or investigative consumer reports, that the information products will meet your needs, or will be provided on an uninterrupted basis; easyBackgrounds expressly disclaims any and all such representations and warranties. easyBackgrounds will not be liable for any indirect, incidental, consequential, or special damages. You agree to indemnify and hold harmless easyBackgrounds, its successors and assigns, officers, directors, employees, agents and suppliers from any and all claims, actions or liabilities arising from or with respect to information products provided by it.
easyBackgrounds nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third‑party claims directly resulting from easyBackgrounds’ sole negligence in assembling the investigative consumer report. easyBackgrounds’ maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by you to easyBackgrounds for the investigative consumer report(s) at issue. You understand that any conversation or communication with easyBackgrounds’ representatives regarding searches, verifications or other services offered by easyBackgrounds are not to be considered a legal opinion or advice regarding its use.
Term and Termination
The term of this Agreement shall begin on the date it is executed by End User and will continue for a period of one (1) year from that date, unless earlier terminated in writing. Such notice of intent to terminate must be given no less than thirty (30) days prior to the proposed termination date. This Agreement can be renewed for successive periods of one (1) year after you pay an additional subscription update fee. Any account that remains inactive for a period of two (2) months after the end of the Agreement term will be deemed inactive and may be terminated by easyBackgrounds. Termination of this Agreement by either party does not release you from your obligation to pay for all services rendered.
Access Security Requirements
You agree to the following:
1. You will take reasonable measures to protect your User ID and password from unauthorized access and use. You agree to change your account password immediately if it becomes compromised or you believe it may have been compromised.
2. You agree that you will not discuss your User ID or password by telephone with any unknown caller, even if the caller claims to be an employee of easyBackgrounds.
K. Force Majeure
You agree that easyBackgrounds is not responsible for any events or circumstances beyond its control (e.g., including but not limited to war, riots, embargoes, strikes and/or Acts of God) that prevent easyBackgrounds from meeting its obligations under this Agreement.
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. A signature on a copy of this Agreement received by either party by facsimile is binding upon the other party as an original. The parties shall treat a photocopy of such facsimile as a duplicate original. The individual signing below represents that they are duly authorized to do so.
Signature of End User Date