EFFECTIVE: June 15, 2008.
Background Answers Information Systems, Inc., a Florida corporation with offices located at 14502 N. Dale Mabry Hwy, Suite #308, 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
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
" 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
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 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" "Where 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
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
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 local laws.
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 Agency
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:
- 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
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
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
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
" on the registration form, the user certifies
that he/she has read the foregoing agreement in its entirety and agrees with all