Legal
Terms and Conditions
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These Terms and Conditions ('Terms') govern your access to and use of the Accurate Screens, Inc. website located at accuratescreens.com and all related services, including background screening, drug testing, occupational health, and DNA testing services (collectively, the 'Services'). By accessing or using our Services, you confirm that you are at least 18 years of age, have read and understood these Terms, and agree to be legally bound by them. If you do not agree to these Terms, please do not access or use our Services.
1. Acceptance of Terms
By accessing and using the Accurate Screens website and Services, you accept and agree to be bound by these Terms and Conditions and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms. Your continued use of the Services after any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.
2. Description of Services
Accurate Screens provides employment background screening services, drug and alcohol testing, occupational health services, and DNA paternity testing to employers, staffing agencies, healthcare organizations, and other businesses. Our Services include criminal background checks, employment and education verification, credit history reports, motor vehicle records, drug screening coordination, and related services. All Services are provided subject to applicable federal, state, and local laws and regulations.
3. FCRA Compliance and Permissible Purpose
Accurate Screens operates as a Consumer Reporting Agency (CRA) as defined under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. By using our Services, you ('Client') certify that: (a) you will use consumer reports only for permissible purposes as defined under the FCRA, including employment purposes; (b) before obtaining a consumer report for employment purposes, you will provide the consumer with a clear and conspicuous written disclosure in a document consisting solely of the disclosure, and obtain written authorization from the consumer; (c) you will comply with all adverse action procedures required by the FCRA, including providing pre-adverse action notice, a copy of the report, and a summary of consumer rights; (d) you will not use consumer report information in violation of any applicable equal employment opportunity law or regulation; and (e) you will maintain records of your compliance with FCRA requirements.
4. Client Responsibilities
As a Client using our Services, you agree to: provide accurate and complete information when placing orders; obtain all required consents and authorizations from individuals who are the subject of background checks; use our Services only for lawful purposes and in compliance with all applicable laws; not use our Services to discriminate against any individual on the basis of race, color, religion, sex, national origin, disability, age, or any other protected characteristic; promptly notify us of any errors or inaccuracies in reports; maintain the confidentiality of consumer report information and restrict access to those with a legitimate need to know; and comply with all applicable state laws governing background checks, which may impose additional requirements beyond the FCRA.
5. Account Registration and Security
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
6. Fees and Payment
Fees for our Services are as set forth in your service agreement or as quoted at the time of order. All fees are due and payable in accordance with the payment terms in your service agreement. We reserve the right to change our fees upon reasonable notice. You are responsible for all applicable taxes. Failure to pay fees when due may result in suspension or termination of your access to our Services.
7. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Accurate Screens, Inc. or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our express prior written permission.
8. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE ACCURACY OF BACKGROUND CHECK INFORMATION DEPENDS ON THE ACCURACY AND COMPLETENESS OF RECORDS MAINTAINED BY THIRD-PARTY SOURCES, AND WE CANNOT GUARANTEE THE COMPLETENESS OR ACCURACY OF ALL INFORMATION IN OUR REPORTS.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCURATE SCREENS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Accurate Screens, Inc. and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services, your violation of any applicable law or regulation, or your violation of any rights of a third party.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our Services shall be resolved by binding arbitration in Alameda County, California, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.
12. Termination
We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Contact Us
If you have questions about these Terms and Conditions, please contact us at: Accurate Screens, Inc., 8105 Edgewater Dr., Suite 225, Oakland, CA 94621. Email: [email protected]. Phone: (877) 773-0773.