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TERMS OF USE  AGREEMENT AND PRIVACY POLICY
Phone: 1.866.312.UCON(8266)
Fax: 1.770.456.5380
Address: P.O. Box 1971
Woodstock, GA  30188
USA
E-mail: info@uconfirm.com
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. 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. 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.

  1. 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.
  2. 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.
  3. 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:
    1. the end user guarantees it will not sell, or in any way distribute reports to third parties
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. 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.";
    7. 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.

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