Agreement between User and www.checkmycriminal.com

Welcome to www.checkmycriminal.com. The www.checkmycriminal.com website (the "Site") is comprised of various web pages operated by CheckMyCriminal ("CMC"). www.checkmycriminal.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.checkmycriminal.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

www.checkmycriminal.com is an E-Commerce Site.

 

We are a provider of online background checks and reseller of public data including, but not limited to, criminal record history, address history, phone numbers, email addresses, sex offender registry, voter registration, medical debarment, and terrorist watch list data.

 

Privacy

Your use of www.checkmycriminal.com is subject to CMC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.checkmycriminal.com or sending emails to CMC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

Children Under Thirteen

CMC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.checkmycriminal.com only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

www.checkmycriminal.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CMC and CMC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CMC of the site or any association with its operators.

 

Certain services made available via www.checkmycriminal.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.checkmycriminal.com domain, you hereby acknowledge and consent that CMC may share such information and data with any third party with whom CMC has a contractual relationship to provide the requested product, service or functionality on behalf of www.checkmycriminal.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.checkmycriminal.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CMC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CMC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CMC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CMC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CMC or our licensors except as expressly authorized by these Terms.

 

International Users

The Service is controlled, operated and administered by CMC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CMC Content accessed through www.checkmycriminal.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless CMC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CMC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CMC in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CMC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHECKMYCRIMINAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

CHECKMYCRIMINAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHECKMYCRIMINAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHECKMYCRIMINAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHECKMYCRIMINAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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License Grants for Use of Website

Subject to strict compliance with the terms and conditions of this document, continued compliance, and subject to restrictions listed below, CMC provides you with a revocable, limited, royalty-free, and non-transferable license to use this Website.  You may print and download materials and information solely for personal use provided you do not remove any copyright and/or intellectual property notices.  You hereby agree these Terms only provide you with a limited license to access and use the Website and information, CMC transfers no ownership or intellectual property interest to you or anyone else under these Terms.   CMC hereby reserves any and all intellectual property rights not otherwise expressly granted in these Terms.

 

Restrictions

Notwithstanding the foregoing license grants, you may not create derivative works of, modify, copy, distribute, publish, or alter any proprietary notices or labs, in anyway not expressly permitted herein, this Website.  You may not use any device or program, equivalent to a manual process, to copy or acquire any portion of this Website to obtain any and all intellectual property on any portion of this Website.  Downloading, copying, or reproducing any materials provided by CMC for the purpose of reproduction or redistribution is expressly prohibited. 

 

Fair Credit Reporting Act Notice And Obligations

CheckMyCriminal is not a Consumer Reporting Agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA).  The information made available on our website may not be used for employment, insurance, tenant screening, consumer credit, or for any reason that requires FCRA compliance.

 

The information provided by CMC has not been collected in whole or part for the purpose of furnishing consumer reports, as defined by the FCRA.  By purchasing a report from CheckMyCriminal, you agree you will not use any of the information obtained from CMC in

• Evaluating an individual for employment, promotion, or retention;

• Evaluating an individual for educational opportunities, scholarships, or fellowships;

• Evaluating an individual for a license granted by a government agency;

• Evaluating an individual for benefits granted by a government agency;

• Evaluating an individual for housing or other accommodations;

• Evaluating an individual for eligibility of personal credit;

• Any other reason strictly prohibited by the FCRA.

 

You are prohibited from using this information to stalk, harass, or blackmail any individuals or groups.

 

The information contained on this website is not legal advice, expressed or implied.  The materials provided are for informational and educational purposes only.  If you need legal advice, consult with a qualified and licensed attorney.

 

Orders Placed Through The Website

All orders placed through the Website are subject to CMC’s acceptance. CMC may refuse to accept or may cancel any order, without reason and without liability to you or anyone else. If your payment card or payment method has already been charged for an order that is later cancelled by CMC, we will issue you a refund. If you do not receive confirmation that your order has been placed, please contact our Customer Service Department at 817-233-9620.

 

Taxes

All orders are subject to applicable taxes in the states where the member resides.

 

Billing Errors

If you believe that you have been incorrectly erroneously billed, please notify our Customer Service Department at 817-233-9620 immediately.

 

Reversals And Chargebacks

We consider charge backs and reversals as potential cases of fraudulent use of our services and/or theft of services and will be treated as such. We reserve the right of filing a complaint with the appropriate local and federal authorities to investigate. Be advised that all activity and IP address information is being monitored and that this information may be used in a civil and/or criminal case(s) against a customer if there is fraudulent use and or theft of services.

 

Enforcing Security On The Site

Unauthorized use, actual or attempted, of the Website, may result in criminal and or/civil prosecution.  CMC reserves the right to record, view, or monitor activity on the Website without notice or permission from the user.  CMC will comply with any legally binding requests from law enforcement or obtained from a court order.  CMC reserves the right to terminate, suspend, or interrupt services, either through operation of, or access to the Website at any time without prior notification. 

 

Performance And Disclaimers

CheckMyCriminal will use all reasonable efforts to deliver the information and services you requested; however, you accept all information is AS IS.  CMC obtains information from third party and primary sources, which may or may not be 100% accurate, complete, or update to date.  You will not rely on CMC for the accuracy or completeness of the information in lieu of your own due diligence.  You understand criminal record data that may be provided as part of the Service may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected.  CMC pulls from a third-party and a multitude of public resources that are updated at any given time.  CMC reserves the right to add or alter, or discontinue materials that are currently available at any time without notice. 

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Turn Around And Processing Time

CMC is not an instant search engine. Searches are not completed in real-time and most public data resources are only available 8AM to 5PM, Monday through Friday. Results are typically returned between 1 and 72 hours, but may take longer depending on access restrictions. Information is subject to availability and only public record information will be made available. 

 

Termination/Access Restriction

CMC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMC as a result of this agreement or use of the Site. CMC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CMC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CMC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CMC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CMC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

CMC reserves the right, in its sole discretion, to change the Terms under which www.checkmycriminal.com is offered. The most current version of the Terms will supersede all previous versions. CMC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

CMC welcomes your questions or comments regarding the Terms:

 

CheckMyCriminal

_________________

CheckMyCriminal.com

6080 S. Hulen Street, Ste 360 PB 314

Fort Worth, TX 76132

 

 

Email Address:

info@checkmycriminal.com

 

Telephone number:

817-233-9620

 

Effective as of October 18, 2017

 

DISCLAIMER: CheckMyCriminal provider of public record information and is not a Consumer Reporting Agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 (FCRA) and does not provide consumer reports.  It is prohibited by law to use our reports or services for employment, insurance, tenant screening, consumer credit, or for any reason that requires FCRA compliance.  The information contained in this report may not be 100% accurate, complete, or up-to-date so do not use this report as a substitute for your own due diligence.  The report is based on the information initially provided to us in your search inquiry and the return of a hit record may not represent the person you are inquiring about.  A report from CheckMyCriminal is not indicative of the character or integrity of a person on whom you inquire.