Terms of Service
Welcome to BackgroundCheckr, a public records search service provided by BackgroundCheckr.com ("we", "us"). By indicating your acceptance of the following terms of service agreement ("Agreement"), you agree to be bound by and comply with its terms. Accordingly, you should review this Agreement thoroughly. If you do not agree to comply with the terms of this Agreement, you should not indicate your acceptance of it, and should not use BackgroundCheckr.
We may revise and update this Agreement from time to time. If you are a registered user, we may attempt to inform you of any material changes by notification to the email address you have provided as part of your registration information. Otherwise, you may view the most recent Agreement on this website.
Use of Services and Data
Conditioned on your compliance with this Agreement and fulfillment of any applicable payment obligations, we grant to you a personal, limited, nonexclusive, nontransferable license to use BackgroundCheckr. We reserve all rights of ownership in BackgroundCheckr not expressly granted to you. We or our licensors own all right, title and interest in and to BackgroundCheckr and its content, including all copyrights, trademarks, and other intellectual property rights ("BackgroundCheckr Content").
You agree that you shall not use BackgroundCheckr in any manner that violates any applicable law, regulation, or term of this Agreement. Specifically, you agree that you will not (i) access or attempt to access any account that you are not authorized to access, (ii) modify or attempt to modify BackgroundCheckr in any manner or form, (iii) copy, distribute, or create derivative works based on the BackgroundCheckr Content, (iv) exploit the BackgroundCheckr Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity, or (v) sublicense, sell, resell, or otherwise convey BackgroundCheckr or any elements thereof.
You agree that you shall not use BackgroundCheckr, or any information or data you may receive through use of BackgroundCheckr ("Data"), for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: stalking or harassing any individual; requesting information under false pretenses; determining the credit worthiness or eligibility of any individual; employment screening; licensing eligibility and any other purpose covered by the Fair Credit Reporting Act.
NOTE: BackgroundCheckr.com is not a "consumer reporting agency" as defined under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., as amended, and the Data or other information in our databases has not been collected in whole or in part for the purpose of furnishing "consumer reports," as defined by the FCRA. Rather, the Data or other information has been obtained by us as a result of being publicly available to us for our possession, use and dissemination, and the Services and Data are not intended or expected to be used to (a) establish a consumer's eligibility for personal credit or insurance; (b) assess risks associated with existing consumer credit obligations; or (c) evaluate an individual for employment, promotion, reassignment or retention (including employment of household workers such a nannies, housekeepers, or contractors) or in conjunction with assessing the merits of entering into any other personal business transaction with another individual. You agree and understand that you may not and will not use the Services or Data for any of the aforementioned purposes.
You agree and understand that Data provided through BackgroundCheckr is intended for your personal use only, and is not to be used for commercial or business purposes. You further agree that you shall not access, reproduce, duplicate, sell, resell, transfer, or exploit any Data for any commercial purposes.
Your violation of any terms of this Agreement may result in automatic termination of the licenses granted hereunder and your right to use BackgroundCheckr. We reserve the right at any time to modify or discontinue, temporarily or permanently, BackgroundCheckr (or any part thereof) with or without notice. We will not be liable to you or to any third party for such termination or modification.
Copyrights and Trademarks
The BackgroundCheckr Content is owned by BackgroundCheckr.com and/or its licensors, and may be protected by copyright, trademark, patent, trade secret, and/or other laws. BackgroundCheckr.com and/or its licensors own and retain all rights, including the worldwide copyright, in the BackgroundCheckr Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you will not use the BackgroundCheckr Content in any way whatsoever except as in compliance with the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the BackgroundCheckr Content, and you shall not exploit the BackgroundCheckr Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from BackgroundCheckr Content downloaded or printed from the websites.
All brand and product names are trademarks or registered trademarks of BackgroundCheckr.com or their respective owners. You agree that you shall not use any of such without express permission from the trademark owner, except as permitted by applicable law.
We provide access to Data compiled and maintained by third parties. We do not create, review, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of such Data. BackgroundCheckr is not necessarily affiliated with, endorsed by, or compensated by these third parties.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, BACKGROUNDCHECKR.COM PROVIDES ALL SERVICES AND DATA "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BACKGROUNDCHECKR MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, BACKGROUNDCHECKR.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
BACKGROUNDCHECKR.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, BACKGROUNDCHECKR AND DATA. YOUR USE OF BACKGROUNDCHECKR AND DATA IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from jurisdiction to jurisdiction.
BackgroundCheckr.com is not affiliated with the United States Government or any Federal or State government agency.
Limitation of Liability
BACKGROUNDCHECKR.COM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE SERVICES, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH BACKGROUNDCHECKR OR DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF BACKGROUNDCHECKR OR DATA, OR FROM THE CONDUCT OF ANY USERS OF BACKGROUNDCHECKR OR DATA, WHETHER ONLINE OR OFFLINE.
BACKGROUNDCHECKR.COM, ITS VENDORS, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY DATA OR OTHER INFORMATION MADE AVAILABLE VIA BACKGROUNDCHECKR. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF BACKGROUNDCHECKR WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU.
You agree to indemnify, defend, and hold harmless BackgroundCheckr.com and its officers, directors, agents, employees, partners, affiliates, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BackgroundCheckr, the Data, your violation of this Agreement, or your violation of any rights of another.
We reserve the right to terminate or restrict your account and/or access to BackgroundCheckr for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of this Agreement. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of BackgroundCheckr. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
Any dispute concerning BackgroundCheckr, any BackgroundCheckr.com products or services, Data, or this Agreement will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys' fees, in addition to any other relief the party may obtain.
This Agreement constitutes the entire agreement between you and us, and governs your use of BackgroundCheckr, superseding any prior agreements (including, but not limited to, any prior versions of this Agreement).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.
If you have any questions or concerns about this Agreement or any BackgroundCheckr.com product or service, please click here to contact us.