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Terms of Use:
Welcome to www.uconfirm.com (the “Site”). By using our Site, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site. The term “uConfirm” or “us” or “we” or “our” refers to Frontline eSolutions, LLC, d/b/a UConfirm, the owner of the Site. The term “you” refers to the user or viewer of our Site.
1. Acceptance of Agreement.
By your use of the Site, you are signifying your
agreement to the terms and conditions outlined in
this Terms of Use Agreement (the "Agreement") with
respect to our Site. This Agreement constitutes the
entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may
be amended by us at any time without specific notice
to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to
using the Site. Your continued use of this Site will
constitute your continued acceptance of the terms
and conditions contained in this Agreement as it may
exist from time to time.
2. Copyright.
The content, organization, graphics, design,
compilation, magnetic translation, digital
conversion and other matters related to the Site are
protected under applicable copyrights, trademarks
and other proprietary (including but not limited to
intellectual property) rights. The copying,
redistribution, use or publication by you of any
such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the Site.
The posting of information or materials on the Site
does not constitute a waiver of any right in such
information and materials. Some of the content on
the Site is the copyrighted work of third parties,
and you do not receive any right or license in such
materials by using this Site.
3. Service Marks.
"uConfirm" and other logos, marks, slogans and
designs that appear on the Site are our service
marks and trademarks whether or not such logos,
marks, slogans and designs are registered. Other
third party product and company names mentioned on
the Site may be trademarks of their respective
owners and will be identified as such.
4. Limited License; Permitted
Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site
strictly in accordance with this Agreement; (b) to
use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out
discrete information from the Site solely for
internal, personal, non-commercial purposes provided
that you maintain all copyright notices and other
policy notices contained therein. No print out or
electronic version of any part of the Site or its
contents may be used by you in any litigation or
arbitration matter whatsoever under any
circumstances.
5. Restrictions and
Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively
defined as “Content and Materials”) therein is
subject to the following restrictions and
prohibitions on use: You may not (a) copy, print
(except for the express limited purpose permitted by
Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any
portion of the Site or any Content and Materials
retrieved therefrom; (b) use the Site or any
materials obtained from the Site to develop, or as a
component of, any information, storage and retrieval
system, database, information base, or similar
resource (in any media now existing or hereafter
developed), that is offered for commercial
distribution of any kind, including through sale,
license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create
compilations or derivative works of any Content and
Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may
infringe any copyright, intellectual property right,
proprietary right, or property right of us or any
third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any
portion of the Site available through any
timesharing system, service bureau, the Internet or
any other technology now existing or developed in
the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any
network monitoring or discovery software to
determine the Site architecture; (h) use any
automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1)
unsolicited commercial email; (2) email that makes
use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that
violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion
thereof, or any software available on or through the
Site, in violation of the export control laws or
regulations of the United States.
6. Data
We may make available through the Site employment,
income and driver history (DOT) information
(collectively, “Data”). All Data is provided on a
non-exclusive license basis only for your internal
one-time use for non-commercial purposes, without
any right to re-license, sublicense, distribute,
assign or transfer such license. Data is provided
for a charge in accordance with the terms stated on
the Site and is subject to the limitations described
in Section 15 below. The Data may be inappropriate
or incomplete for your particular circumstances and
you are responsible for determining the
applicability of any and all Data provided through
this Site. You recognize that information is
obtained and managed by fallible sources, and that
for the fees charged, uConfirm cannot guarantee or
insure the accuracy or the depth of the information
provided or insure the suitability, fitness or
identity of the employee. Although reasonable
effort is made to ensure accuracy, uConfirm does not
act as the final guarantor of the information
accuracy or completeness. uConfirm does not
guarantee, represent or warrant that its service
will prevent any loss, that its service may not be
circumvented or that its services will in all cases
provide the protection or information for which the
services were intended.
7. Linking to the Site.
You may provide links to the Site, provided (a) that
you do not remove or obscure, by framing or
otherwise, advertisements, the copyright notice, or
other notices on the Site, (b) your Site does not
engage in illegal or pornographic activities, and
(c) you discontinue providing links to the Site
immediately upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships
from third parties. Such third party advertisers and
sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not
responsible for the illegality or any error,
inaccuracy or problem in any third party
advertiser’s or sponsor’s materials.
9. Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is
requested, you agree to provide us with accurate,
complete registration information. Your registration
must be done using your real name, real business
name and accurate information. Each registration is
for your personal/business use only and not on
behalf of any other person or entity. We do not
permit (a) any other person using the registered
sections under your name; or (b) access through a
single name being made available to multiple users
on a network. You are responsible for preventing
such unauthorized use.
10. Errors, Corrections and
Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful
components, or that defects will be corrected. We do
not represent or warrant that the information
available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make
changes to the features, functionality or content of
the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents,
information or other content appearing on the Site.
11. Third Party Content and
Links.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not
responsible for and assume no liability for any
mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or
profanity in the statements, opinions,
representations or any other form of third party
content on the Site or accessible via links on the
Site. You understand that the information and
opinions contained in the third party content
represent solely the thoughts of the author and do
not necessarily reflect our beliefs and are not
endorsed by us. In addition, you acknowledge that we
are not responsible for the content, accuracy or
completeness of any information in such third party
linked sites and that such sites are not
investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked site on
our Site does not imply approval or endorsement of
the linked site by us. If you decide to leave our
Site and access these third-party sites, you do so
at your own risk.
12. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take
any action we deem appropriate, including but not
limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other
third parties and disclosing any information
necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic
information.
13. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys,
advertisers, product and service providers, and
affiliates (collectively, "Affiliated Parties")
harmless from any liability, loss, claim and
expense, including reasonable attorney's fees,
related to your violation of this Agreement or your
use of the Site.
14. Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to
obtain information or documents is not transferable
or assignable.
15. Warranty Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS
(COLLECTIVELY, THE “CONTENT”) AND DATA AVAILABLE
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT
NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE CONTENT, DATA AND SERVICES
MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER
LIMITATIONS AND WE DISCLAIM ANY AND ALL
RESPONSIBILITY AND LIABILITY FOR DAMAGES CAUSED BY
ANY SUCH BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY CONTENT,
DATA OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH
OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND
LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DATA AND CONTENT PRESENTED WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE,
CONTENT OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability
- 1. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions on the Site or in any Data, services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Affiliated Party.
- 2. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE DATA, CONTENT, PRODUCTS OR SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED THE FEES YOU HAVE PAID TO US IN CONNECTION WITH THE DATA OR SERVICES THAT GIVES RISE TO THE CLAIM, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
17. Use of Information.
We reserve the right, and you authorize us, to the
use and assignment of all information regarding the
Site uses by you and all information provided by you
in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other
information communicated by you to us (collectively,
a "Submission") will forever be our property. We
will not be required to treat any Submission as
confidential, and will not be liable for any ideas
(including without limitation, product, service or
advertising ideas) and will not incur any liability
as a result of any similarities that may appear in
our future products, services or operations. Without
limitation, we will have exclusive ownership of all
present and future existing rights to the Submission
of every kind and nature everywhere. We will be
entitled to use the Submission for any commercial or
other purpose whatsoever, without compensation to
you or any other person sending the Submission. You
acknowledge that you are responsible for whatever
material you submit, and you, not us, have full
responsibility for the message, including its
legality, reliability, appropriateness, originality,
and copyright.
18. Payments.
You represent and warrant that if you are
purchasing something from us that (i) any credit
information you supply is true and complete, (ii)
charges incurred by you will be honored by your
credit card company, and (iii) you will pay the
charges incurred by you at the posted prices,
including any applicable taxes.
19. Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and
regulations regarding your use of the Site and the
Content and Data provided therein.
20. Refund Policy
There will be no refunds for Data requested
and received. Refunds may be issued if the
requested Data is not received. If this
occurs, uConfirm will first attempt to
provide you with the Data. To receive a
refund, please fax your refund request to
866-607-9920 or email your request to
support@uconfirm.com. Refunds will be
charged to the credit card used to
originally make the purchase. Your request
must be received within thirty (30) days of
the original charge date, otherwise, no
refund will be made. uConfirm may revise
this policy at anytime and it is your
obligation to review this policy for any
revisions.
22. Username, Password and
Security
You will choose a username and password during the
uConfirm order and fulfillment process. You are
responsible for maintaining the confidentiality of
the password and your account, and are fully
responsible for all activities that occur under your
password or account. You agree to (a) immediately
notify uConfirm of any unauthorized use of your
password or account or any other breach of security,
and (b) ensure that you log off from your account at
the end of each session. uConfirm cannot and will
not be liable for any loss or damage arising from
your failure to comply with this section.
23. Credit Card Transactions
You may have the option to purchase Services over
this Site using a credit card by sending that
information over the Internet. This Site uses
encryption technology to protect the information
from access by unauthorized third parties. However,
neither uConfirm, nor any third party with whom
uConfirm contracts can guarantee that the encryption
technology will operate as intended or that a third
party will not be able to access such information.
If you have any concerns about sending such
information over the Internet, you should use an
alternative means of payment. A credit check may be
performed for alternate means of payments. By
sending any sensitive information over the Internet
in connection with your use of this Site, you agree
that neither uConfirm nor third party with whom
uConfirm contracts will have any liability if the
applicable encryption technology fails to protect
your information.
24. Fair Credit Reporting Act (FCRA) Certification.
- You understand that information from uConfirm may only be ordered and utilized for employment and credit checking purposes only. This means that a report is used in conjunction with evaluating a Consumer for credit, employment, promotion, reassignment or retention as an employee. You may provide reports to end users only, who will not in any way distribute reports to any other third party. You will use the information on a one-time basis.
- You certify that under FCRA section 607(a) you have a permissible purpose to obtain information from uConfirm or have taken steps to verify the identity and permissible purpose of the end user of the information.
- In requesting and utilizing information from uConfirm, you certify that you and end users of the data provided by uConfirm are in conformity with the FCRA. You specifically affirm that in accordance with the FCRA that you have entered into the following required certifications with the end user:
- the end user guarantees it will not sell, or in any way distribute reports to third parties
- made a clear and conspicuous disclosure to the employee or applicant ("consumer") in a separate document that a consumer report or investigative report may be requested before the report is obtained;
- obtained written permission from the consumer authorizing procurement of the consumer report or investigative consumer report before any reports are ordered,
and maintain such permission on file for a minimum of six years from the date of inquiry;
- that when an investigative consumer report is sought, the end user will disclose that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics and mode of living has been requested. This disclosure will be in writing and made not later than three days after the date on which the report was first requested. The disclosure will also include a statement informing the consumer of his or her right to request additional disclosures and will include a copy of the summary of rights of the consumer;
- when a consumer makes a written request for additional disclosure of information about the investigative consumer report he or she may be the subject of within a reasonable time after receiving the initial disclosure, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure will be made in writing, mailed to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is later;
- prior to taking any adverse employment action cause to be sent to the consumer a copy of the report which would serve as the basis for adverse employment action along with a copy of a document prepared by the Consumer Financial Protection Bureau (CFPB) called "Summary of Consumer Rights Under the FCRA.";
- will not use information from any consumer report or investigative consumer report in violation of any applicable federal or state equal employment opportunity law or regulation and will only be used for employment purposes and credit checking purposes;
25. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in Georgia and shall be
governed by and construed in accordance with the
laws of the State of Georgia (without regard to
conflict of law principles). Any cause of action by
you with respect to the Site (and/or any
information, Documents, products or services related
thereto) must be instituted within one (1) year
after the cause of action arose or be forever waived
and barred. All actions shall be subject to the
limitations set forth in Section 15 and Section 16.
The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or
against any party. This Agreement and all
incorporated agreements and your information may be
automatically assigned by us in our sole discretion
to a third party in the event of an acquisition,
sale or merger. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the
remaining portions shall remain in full force and
effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with
this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such
provision. Our rights under this Agreement shall
survive any termination of this Agreement.
Privacy Policy:
Our Commitment to Privacy
We respect the privacy of your information. We
provide this explanation of our online information
practices to show our commitment to protecting your
privacy. By visiting the Site and requesting Data,
you are accepting the practices described in this
Privacy Policy as stated below.
The Information We Collect
In general, you can visit the Site without telling
us who you are or revealing any information about
yourself. We collect any information you enter on
the Site or when requesting Data. In addition, we
automatically gather general statistical information
about those who request Data, but in doing so we do
not reference you by individual name, company name,
e-mail address, address, or telephone number. We use
this data in the aggregate to determine who is
requesting Data, overall trends in requests, and how
we can improve our technology. We may provide
aggregate statistical information to third parties,
but when we do so we do not provide
personally-identifying information. We do not
collect or use cookies to track information.
The Way We Use Information
When you request Data, we ask you for some basic
information such as your name, company name, e-mail
address, postal address, credit card number, and
telephone number. We use this information to process
your request and to communicate with you about the
Data you requested. We will not send you promotions
or announcements unless we ask for and receive your
permission to do so. Your telephone number may be
used to contact you regarding your Data request and
will not be used for any other purpose. We do not
sell, rent, share or in any other way divulge
personally-identifying information collected during
your use of the Site to third parties. We may use
your e-mail and/or postal address to send you the
following: (i) Site registration confirmation
including your login name and password information
(Note that your login name and password information
is never shared with any third party by us); (ii) a
receipt documenting your payment for the Data you
requested; (iii) a copy of the Data you requested
through the Site. In addition, we may use the
information you enter to improve the content,
functionality, navigation and usability of this
Site, to statistically analyze requests for Data, to
determine what additional products and services we
may wish to offer, to better understand the needs
and interests of those we serve, and to better
market our services and products. We use your IP
address to help diagnose problems with our server,
to manage our Site and to enhance our Site based on
the usage pattern data we receive. We may also
use your e-mail address or, your mailing address, to
contact you regarding administrative notices, new
product offerings and communications relevant to
your use of the Site. We will not send you
promotions or announcements unless you give us
permission to do so. You can opt out of receiving
such communications on the “Contact Us” page of the
Site.
Security
We employ reasonable and current security methods to
prevent unauthorized access, maintain data accuracy,
and ensure correct use of information. We use third
parties from time to time to perform services
necessary to our operation of the Site. These
entities will be contractually bound to honor the
terms of this Privacy Policy with regard to your
personal information. However, no data transmission
over the Internet or any wireless network can be
guaranteed to be perfectly secure. As a result,
while we try to protect your personal information,
we cannot ensure or guarantee the security of any
information you transmit to us, and you do so at
your own risk.
Children Under 13
We have no way of distinguishing the age of
individuals who access our Site or Data. Therefore,
we carry out the same Privacy Policy for individuals
of all ages. However, children should not have a
need for accessing our Site and parents are advised
to keep their passwords out of reach of children. If
you have reason to believe that a child has provided
personal data to us through this Site, please
contact us, and we will promptly delete the
information from our database.
Changes to Our Policy
Any changes to our Privacy Policy will be
communicated through our Site and will be effective
when notice of such change is posted on the Site.
Your continued use of the Site after any changes to
the Privacy Policy are posted will be considered
acceptance of those changes. |