Background Check

Through your access of this Website (“U.S. Criminal Records LLC”), you (“Customer”) accept, without limitation or alteration, all the following terms and conditions:

1. Restricted License. U.S. Criminal Records LLC hereby grants to Customer a restricted, non-transferable, non-exclusive license to use all U.S. Criminal Records LLC Services, both currently existing and as may become available in the future, subject to the restrictions and limitations set forth below.
2. General Restrictions. General Restrictions. Customer represents and warrants that all of Customer’s use of the U.S. Criminal Records LLC services shall be only for appropriate, legitimate purposes, and in compliance with all applicable federal, state and local laws and regulations.
   1. Additionally, Customer agrees that U.S. Criminal Records LLC services and information may not be used to bother, stalk, harass, threaten or embarrass any individual.
   2. Customer may not use the service to look up celebrities, government officials, other public persons, or locate individuals under the age of 18.
   3. Customer agrees not to access and/or use the U.S. Criminal Records LLC services via mechanical, programmatic, robotic, scripted or other automated search means, other than through batch or machine-to-machine API applications approved by U.S. Criminal Records LLC.
   4. Customer may not use data to create a competing product. Customer may not resell or broker the U.S. Criminal Records LLC services to any third party.
3. FCRA Restrictions. FCRA Restrictions. U.S. Criminal Records LLC is not considered a “consumer reporting agency” as that term is defined in the Fair Credit Reporting Act, (15 U.S.C. 1681, et seq.), (“FCRA”). The information in the U.S. Criminal Records LLC databases does not constitute Consumer Reports, as defined in the FCRA. Accordingly,
   1. Customer certifies that it will NOT use any of the information it receives through U.S. Criminal Records LLC services for any of the following purposes:
      1. in establishing a consumer’s eligibility for personal credit or insurance or assessing risks associated with existing consumer credit obligations
      2. for employment, promotion, reassignment or retention purposes;
      3. any personal business transaction with another individual;
      4. in connection with a determination of a consumer’s eligibility for a license or other benefit granted by a government agency; or,
      5. for any other purpose deemed to be a permissible purpose under the FCRA;
   2. Customer may use, except as otherwise prohibited by this Agreement, information received through U.S. Criminal Records LLC services for the following purposes:
      1. to verify or authenticate an individual’s identity;
      2. to prevent or detect fraud or other unlawful activity;
      3. to locate an individual;
      4. to review the status of a legal proceeding; or,
      5. to decide whether to buy or sell consumer indebtedness in a commercial transaction;
   3. Customer shall not take any “adverse action,” as that term is defined in the FCRA, or otherwise act in a manner that is contrary to a consumer’s interest unless the basis for doing so is information Customer obtains from a source other than U.S. Criminal Records LLC services.
   4. Customer acknowledges and agrees that U.S. Criminal Records LLC has no control over how or by what means the information provided was acquired and the customer expressly releases, indemnifies and agrees to hold harmless and defend U.S. Criminal Records LLC. Customer agrees that he/she shall not seek to hold U.S. Criminal Records LLC liable under any circumstances for information sought, the information provided or methods used to acquire it.
   5. U.S. Criminal Records LLC does hereby guarantee that they will successfully locate data for the search you are seeking within 60 days (please refer to Turn-Around times posted on each individual search). Should U.S. Criminal Records LLC fail to provide data for the information you are seeking, U.S. Criminal Records LLC will promptly refund payment to your original payment method; credit card, Paypal, check, other payment method. At your request, a refund may be provided by store credit or by Search Tokens. Refund payments made via first class mail if payment is made to U.S. Criminal Records LLC by check.
   6. Refer to Guarantee and No Info Refund information on individual search pages for the amount and conditions of the refund.
4. ORDER CANCELLATION POLICY
   1. I, the customer understand that orders are assigned to private investigators immediately upon submission and therefore, I will have no opportunity to cancel, reconsider or otherwise state a reason why this charge should not be processed and my credit card charged immediately.
   2. Customer agrees to waive its right to contest the validity of U.S. Criminal Records LLC charges based upon any grounds except that U.S. Criminal Records LLC provided absolutely no information to Customer. Customer agrees that Customer will not contest charges made by U.S. Criminal Records LLC to Customer’s Credit Card which has been authorized by Customer. In the event that Customer violates this agreement and does so contest authorized credit card charges, Customer will be liable to U.S. Criminal Records LLC for the full amount owed plus a $25 chargeback fee, plus interest compounded daily at a rate of 10%, and all fees and costs associated with collecting payment from Customer.
5. Misuse. All searches and uses of U.S. Criminal Records LLC services are tracked, and you consent to such tracking and to the provision of all information about your use of our services to law enforcement and others as may be useful to respond to allegations that our service or information has been misused. Customer agrees to fully cooperate with all audits of our customers and our systems generally. Customer further agrees that if U.S. Criminal Records LLC determines or reasonably suspects that Customer is engaging in illegal activities, reselling or brokering U.S. Criminal Records LLC information without an API, making automated queries without permission, or is otherwise violating any provision of this Agreement, or any of the laws, regulations, U.S. Criminal Records LLC may take immediate action, including terminating the delivery of, and the license to use, the U.S. Criminal Records LLC services.
6. Fees, Cancellations, and Refund Policy. Customer agrees to pay the fees associated with the use of the U.S. Criminal Records LLC services by providing valid credit card or using other methods of payment, where applicable.
   1. Customer hereby certifies that the Customer is an authorized user of the credit card, bank account or PayPal account. Customer is responsible for (and must pay for) all use of our services made by individuals using Customer’s account.
   2. Customer can request a refund for an individual paid search if the results are not received due to technical error or other Website issue. U.S. Criminal Records LLC will also adjust any duplicate or erroneous charges, only if they occur due to U.S. Criminal Records LLC system error. If an error was caused by Customer screen refresh, using browser back button, uploading duplicate files, or otherwise ordering a duplicate search in error adjustments will be at U.S. Criminal Records LLC discretion.
   3. The amount of a refund is limited to the actual fees paid. We do not reimburse bank fees, NSF fees or “over limit fees” in conjunction credit cards or bank debit cards.
   4. If Customer suspects that unauthorized use of their account is taking place, you must notify us immediately.
   5. Customers utilizing U.S. Criminal Records LLC APIs may request a refund for unused Prepaid account balance at any time. Credit card refunds for unused balance can only be made back to the same credit within 1 year from the original charge, if the card is still active. If the prepaid balance was funded by check, PayPal, bank transfer, the refund will be processed by the same method paid. Prepaid balance may be forfeited for an account that has not been accessed for 365 days.
   6. Search Tokens are a micropayment system also referred to as $T. Each $T costs 1 cent and is accepted for any service where $T are shown as acceptable payment.
      1. You buy Search Tokens or $T at the rate of one $T per penny. When you purchase $T in bulk you are awarded bonus $T which are then included in the total amount of $T you purchase. Buying $T in bulk provides discounts ranging from 5% to 29%.
      2. $T don’t expire as long as you remain an active user. An active user is defined as anyone who has logged on to the U.S. Criminal Records LLC website within the last year (defined as 365 consecutive days). If a year passes and you do not log on, we may send up to three emails to the last email address on file after 365 days of inactivity to remind you. If you cannot be reached or do not log in to your account after 30 additional days, U.S. Criminal Records LLC reserves the right to expire $T.
      3. You are purchasing $T and may receive free or bonus $T (issued at no additional charge); neither can be redeemed for cash back. $T are not legal tender and have no value other than exchanging them for services on U.S. Criminal Records LLC.com. Free and bonus $T are not tracked separately and are combined with other $T purchases. All $T sales are final. If you close or abandon your account with a $T balance, any unused Tokens (purchased, free, or bonus) will be lost. Any violation of the U.S. Criminal Records LLC.com T&C will cause immediate termination of your account resulting in lost $T.
7. Past Due Accounts and Collections. If your account becomes past due (shows Balance Due), we do not receive a payment in full by the promised due date for services rendered, or your monthly recurring charges reject and account becomes past due, you may be charged a late fee of the greater of 1.5% per month (18% annually) or $5/month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. If your credit card, check, electronic funds transfer payment, including debit, ACH or wire payment, or other payment is dishonored or returned, we may charge you $25, or the maximum amount allowed under applicable law.
   We may also require you to use another payment method, and/or immediately suspend or cancel your Service. We will not honor limiting notations you make on or with your checks. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
8. Performance. U.S. Criminal Records LLC will use reasonable efforts to deliver the U.S. Criminal Records LLC services requested by Customer provided, however, that Customer accepts all information “AS IS”. Customer acknowledges that the information obtained from U.S. Criminal Records LLC services has been compiled from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on U.S. Criminal Records LLC for the accuracy or completeness of information provided.
   1. U.S. Criminal Records LLC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE SERVICE AND THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer assumes all risks associated with the use of U.S. Criminal Records LLC services and information obtained.
   2. Customer further understands and agrees that U.S. Criminal Records LLC cannot and does not guarantee the accuracy of the information provided in response to a Customer request. U.S. Criminal Records LLC’s commitment to Customer is to provide the information from its data providers. U.S. Criminal Records LLC will pass along to Customer any and all information received from the data providers pursuant to the customers request. U.S. Criminal Records LLC makes no representation that the information provided is current or otherwise accurate. In no event shall U.S. Criminal Records LLC be obligated to refund any portion of a payment received from Customer based upon the assertion of inaccuracy of the data provided. U.S. Criminal Records LLC will supply to Customer at the time received and in the same condition it is received the requested information. U.S. Criminal Records LLC will not check the information for accuracy or otherwise endeavor to verify any part of the information provided.
   3. No refunds, exchanges, or credit will be given to any customer unless U.S. Criminal Records LLC fails to provide information in accordance with this agreement. Customer is solely responsible for accurately filling out order form(s) as well as selecting the appropriate search request. U.S. Criminal Records LLC cannot be held responsible for typos or mistakes given in the ordering information entered by customer. Because all orders are processed immediately, we are unable to accommodate cancellation requests once an order has been submitted and information has been obtained.
9. Limited Liability. U.S. Criminal Records LLC shall not be liable to Customer (or to any person claiming through Customer to whom Customer may have provided data from the U.S. Criminal Records LLC Services) for any loss or injury arising out of or caused in whole or in part by U.S. Criminal Records LLC acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the U.S. Criminal Records LLC services. If, notwithstanding the foregoing, liability can be imposed on U.S. Criminal Records LLC, then Customer agrees that U.S. Criminal Records LLC’s aggregate liability for any and all losses or injuries arising out of any act or omission of U.S. Criminal Records LLC in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00. Customer covenants and promises that it will not sue U.S. Criminal Records LLC for an amount greater than such sum even if Customer and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against U.S. Criminal Records LLC.
10. Indemnification. Customer agrees to protect, indemnify, defend, and hold harmless U.S. Criminal Records LLC, its officers, directors, employees and agents from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through U.S. Criminal Records LLC.
11. Other Terms. This Agreement shall be governed by California law. Failure by either of us to insist on the strict performance of any of the terms and conditions of this Agreement in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The terms and conditions set forth here constitute our entire agreement, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, written or verbal agreement or contract, shall be of no effect.