EFFECTIVE: June 15, 2008.
eFUEL Systems, Inc., a Florida corporation with offices located at 13906 N. Dale
Mabry Hwy, Suite 225, Tampa, FL 33618, owns and operates BackgroundAnswers.com and other
related web sites. For the purposes of this Agreement, all such entities, their
directors, officers and employees shall be known collectively and individually as
The Site provides access to various sources of public and criminal records on a
fee basis. In order to access said records, all users must agree to each and every
one of the following terms and conditions.
By completing your registration and clicking on the "I Agree to and Accept the Terms
" button on the fcra certification page, you agree to be bound by
the terms and conditions of this agreement and the conditions contained on the fcra
certification page. If you do not agree to be bound by the terms and conditions
" button on
the fcra certification page and do not attempt to use the site.
You understand that you are liable for all payments charged to your account by yourself
or any other person using your "Login ID" and/or "Password"
, and/or credit
card information to access any area of The Site.
Minors may not use The Site. By accepting this Agreement, you represent and warrant
that you are at least 18 years of age.
You agree to pay for all responses returned from queries to The Site, even if said
responses include zero records (?No Records Found"
You understand and agree that your use of the site's information is entirely at
your sole risk and that the site's information is provided "As Is
You understand and agree that the site makes no warranties, express, implied, statutory
or otherwise, as to the merchantability, fitness for a particular use or 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 contained herein or provided
by the site.
You understand and agree that in no event shall the site, its affiliates or its
third-party providers be liable for any damages whatsoever, whether direct, indirect,
special, consequential, punitive and/or incidental, arising out of or relating to
the conduct of you or anyone else in connection with the use of the site, including,
without limitation, bodily injury, emotional distress, and/or any other claimed
damages resulting from the use of information and/or records provided by the site.
Evidenced by your clicking on the "I Accept
" button on the registration page,
you understand and agree that you will, at your own expense, defend, hold completely
harmless and indemnify the site, its directors, officers, employees, agents and
affiliates of any and all damages and/or liability related to your use of the site.
The Site will charge you a fee for the information and/or records you request, as
well as additional fees that are incurred as a direct result of your request, from
county, state or federal courts, agencies or similar entities. The Site reserves
the right to change its fees at any time for any reason. You further understand
that you are responsible for any expenses incurred by The Site for the collection
of charges incurred by your use of The Site, including reasonable attorney's fees.
You understand that all information contained in and/or provided by The Site is
compiled from public and/or proprietary records, some of which is obtained from
state, local, and federal, or other government offices. As a result, the information
obtained may contain, or reflect, errors in the public record or other anomalies
caused by human, electronic, or mechanical error not under the control of or caused
by The Site.
You agree not to use the data obtained from The Site for any unlawful purposes,
including violations of state and federal employment laws or regulations, including
specifically, all applicable provisions of the federal Fair Credit Reporting Act.
You further warrant that you will not re-sell any information or records obtained
from The Site. All users of said information and records also shall abide by provisions
of the federal Fair Credit Reporting Act as it pertains to the disclosure and use
of information and records obtained from The Site.
The Site has its headquarters in the United States of America and makes no representation
that the services provided are appropriate or will be available for use in other
locations. If you use The Site from outside the United States of America, you are
entirely responsible for compliance with applicable international, national, and
Some of the information reported by The Site, including but not limited to all criminal
records, constitutes personal information that is regulated by the federal Fair
Credit Reporting Act (FCRA). Thus, The Site fits the definition of a "Consumer Reporting
and is required to comply with certain provisions of
the FCRA, including:
- Section 604, in summary, limits the purposes for which information may be
provided. The Site relies upon certifications provided by The Site? clients that
the information is provided for employment purposes; tenant screening purposes;
purposes related to a business transaction initiated by the consumer; and/or other
allowed purposes as defined by the FCRA.
- Section 604(b), in summary, requires that the person obtaining a report from
The Site provide a clear and conspicuous disclosure in writing to the consumer before
the report is procured or caused to be procured, in a document that consists solely
of the disclosure, that a consumer report may be obtained for employment purposes.
Such disclosure document must be signed by the consumer prior to requesting a report.
- Section 607(d), in summary, requires that The Site provides clients with
a prescribed notice of their duties as users of consumer reports under the FCRA.
Please refer to the following website for this notice: http://www.ftc.gov/os/statutes/fcra.htm.
- Section 609, in Summary, imposes the requirement that CRAs disclose upon
request of the consumer all of the information in their files on that consumer.
You agree not to assign or transfer any rights or obligations under this Agreement,
and any attempted assignment or transfer shall not be binding on The Site.
You agree that The Site can revise this Agreement at any time by publishing such
revisions on The Site. You agree that each time you visit The Site constitutes a
new and unique relationship between you and The Site and that your continued use
of The Site after any such modifications have been made constitutes your acceptance
of any such revised terms.
You agree that any action related to this Agreement will be governed by the laws
of the state of Florida and controlling U.S. federal law, without regard to your
venue, your domicile or the choice or conflicts of law provisions of any jurisdiction.
You agree to submit to the jurisdiction of the courts located in the state of Florida
for the resolution of all disputes arising from or related to this Agreement and/or
your use of The Site.
If any provision of this Agreement is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties, with all other provisions remaining in
full force and effect. The failure of The Site to enforce any right or provision
in this Agreement shall not constitute a waiver of such right or provision. This
Agreement comprises the entire agreement between you and The Site and supersedes
all prior or contemporaneous negotiations, discussions or agreements, if any, between
the parties regarding the subject matter contained herein.
Failure to comply with any provision of this agreement will result in termination
of user's access to the site. By clicking on the "I Agree to and Accept the "Terms
" on the registration form, the user certifies that he/she has read
the foregoing agreement in its entirety and agrees with all provisions herein.