Terms of Service
This policy was last updated on January 14, 2017.
To use BackgroundCheck.Run, you must be at least 18 years of age and agree to all these terms.
BY USING THIS SITE, YOU EXPRESSLY CONSENT AND AGREE TO THESE TERMS OF SERVICE.
1) Limited License Permitted Use
You are granted personal, nontransferable and nonexclusive rights to access the Background Check Run services and use the data in strict accordance with these terms. Certain portions of the information available through the Background Check Run services are only available via license with use rights that are based upon subscription access. In such case of subscription access, rights to the data expire upon expiration or termination of the subscription, and in such case you shall discontinue use of the data and, as requested by Background Check Run, either (i) return the data to Background Check Run without retaining any copies thereof or any notes or other information thereon or (ii) provide a certificate, executed by you, in form and substance satisfactory to Background Check Run, that the data has been destroyed in such a manner to render the data permanently unreadable and unrecoverable.
(a) Your use of the data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations ("Laws"), including Laws regarding telemarketing, email, facsimile marketing and customer solicitation.
(b) Your use of any United States email data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry Laws.
(c) Background Check Run reserves the right to review your use of the data to ensure compliance with this Agreement, but any failure of Background Check Run to review such use will not constitute acceptance of such use or waive any of Background Check Run's rights herein or limit any of your obligations with respect to the data. At any time upon at least three (3) days' notice, Background Check Run may audit your records to determine whether you are in compliance with this Agreement and you will make available to Background Check Run or its representatives all records necessary for the conduct of such an audit.
Background Check Run reserves the right to deny access to any user or group of users to BackgroundCheck.Run, at its sole discretion, at any time, and for any reason or no reason. Background Check Run reserves the right to remove any information from the Background Check Run database at any time and for any or no reason.
Background Check Run reserves the right to change, modify or otherwise alter these terms at any time at Background Check Run's sole discretion. Any and all modifications shall become effective immediately once posted. You acknowledge you are responsible to keep yourself apprised of any changes and updates to this agreement.
1.1 Limitations on Use
(a) Unless specifically authorized in advance and in writing by Background Check Run, you will not share, sell, transfer or otherwise make the information available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the information by any third person or entity.
(b) You will not name or refer to Background Check Run or your use of Background Check Run services or data in any of your advertisements or promotional or marketing materials without prior written permission from the Company.
(c) You will not use the information for consumer credit purposes, underwriting any form of consumer insurance, employment purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) or for any other purpose not expressly authorized by the Agreement.
(d) Without the Company's written permission, you shall not duplicate, download, publish, modify, create derivative or otherwise distribute the data derived from the Background Check Run services for any commercial use, or for any purpose other than as described in these terms. You acknowledge that the Company owns and retains all proprietary to material contained in the service, including trademarks, content, and other proprietary content.
(e) You shall not use the Background Check Run services or data in any manner that harasses, invades the privacy of or harms a person in any way.
(f) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy Background Check Run web pages or the content contained thereon or for any other unauthorized purpose without the Company's prior expressed written permission. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from Background Check Run services without the prior expressed written permission from the Company.
(g) You agree that you shall not use the Background Check Run services in violation of any international, federal, state, or local Law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause Background Check Run to violate any such Laws, rules, or regulations.
(h) You understand and acknowledge that Background Check Run does not test or screen the information, and Background Check Run makes no representation or warranty as to the accuracy or completeness of the data. Your use of any data is at your sole risk and you are fully responsible for the use of all data that is provided to you.
(i) You understand and acknowledge that when you register with BackgroundCheck.Run, you agree to provide and maintain accurate, current, and complete information. In the event you provide any information that is inaccurate, not current, or incomplete, Background Check Run has the right to suspend or terminate your access and use of any and all services.
(j) You agree that you shall not use Background Check Run services for any purpose that falls under the FCRA.
(k) You agree that you shall not use Background Check Run services to search for celebrities. Anyone in the state of being well known is considered a celebrity.
1.3 Do Not Call Compliance
In the event that Background Check Run provides a telephone number, you acknowledge that Background Check Run has not processed its databases against the National Do Not Call Registry, State Phone Suppression files and DMA Phone Suppression files, the "Telephone Number Suppression files". By using Background Check Run services, you acknowledge that some of the individuals provided by Background Check Run may have placed their telephone numbers on Telephone Number Suppression files. You also acknowledge that you will either obtain access to the Telephone Number Suppression files, or if you do not obtain access to Telephone Number Suppression files, you will only make calls for purposes permitted by law.
(a) The Background Check Run Property includes all services, data, systems, information, content, graphics, page layouts, and service designs provided by Background Check Run, work product produced by Background Check Run, and derived works of any of the foregoing.
(b) All Background Check Run Property shall be and will remain the property of Background Check Run.
(c) Background Check Run shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights regarding Background Check Run property, services and data.
3) Disclaimer of Warranties
BACKGROUND CHECK RUN DOES NOT PROMISE THAT ITS SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY DATA, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION FROM THE SERVICE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE SERVICE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION OF THE SERVICE. THE SERVICE AND ITS DATA ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE SERVICES OR THE DATA, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Company disclaims any and all liability for the acts, omissions, and conduct of any third- party users, Background Check Run users, advertisers, and/or sponsors of the Background Check Run services, in connection with the services, or otherwise related to your use of the services. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced by the services.
4) Limitation of Liability
Background Check Run will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys' fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use or misuse of the data or any alleged or actual failure by Background Check Run to comply with these terms, whether or not any such damages were foreseeable or whether Background Check Run was advised of the possibility of such damages. Background Check Run's maximum liability will not exceed the amount you paid Background Check Run under the Agreement within the 12 months preceding the event that gave rise to Background Check Run's liability.
6) Your Indemnification of Background Check Run
You shall indemnify, defend and hold harmless Background Check Run, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys' fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the data or any violation of the Agreement or any violation of Laws.
7) Interruption of Service
You acknowledge that temporary interruptions may occur in the provision of data or use of the Background Check Run services and that any such interruptions shall not result in Background Check Run having any liability to you or others. This shall not suspend or eliminate your payment obligations to Background Check Run or provide you with any refund rights for amounts previously paid to Background Check Run.
8) Access to Background Check Run
In order to use certain features on Background Check Run, you will be required to register and create an account on BackgroundCheck.Run. By registering with Background Check Run, you acknowledge and agree to receive e-mail confirming your registration with Background Check Run, notices about your account activity as well as promotional marketing of other Background Check Run products and services.
By having an account with Background Check Run, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these terms, the Company may, at its sole discretion, terminate your account and restrict your access to Background Check Run. In cases of subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of subscriptions sign-up and you agree to accept these charges. In the event payment to Background Check Run is denied or declined, the subscription access rights may be terminated at the sole discretion of Background Check Run.
9) No Assignment by You
You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of Background Check Run, whether by operation of law or otherwise, and any attempt to do so shall be void.
10) Additional Remedy of Termination
In addition to all other legal rights and remedies available to Background Check Run for any apparent, threatened or actual breach or violation of the Agreement by you, Background Check Run has the right to terminate the Agreement and demand immediate return or destruction of any and all data at any time if Background Check Run believes you are not complying in full with the Agreement.
11) Governing Law; Jurisdiction
This Agreement shall be governed by and construed under the Laws of the State of Washington without regard for the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in King County, Washington and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
12) Entire Agreement; Amendment or Waiver
This Agreement contains the entire understanding between you and Background Check Run and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Background Check Run. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
This policy is subject to change without notice.
The current terms of service will always be maintained on this page located at, https://backgroundcheck.run/pg/terms