Sapphire Background Check is a consumer reporting agency (CRA) and, among other services, Sapphire provides consumer reports and investigative consumer reports (collectively, “Screening Reports”) as defined by the Fair Credit Reporting Act (“FCRA”) and applicable state laws. In utilizing Sapphire’s services, you are considered a user of consumer reports and/or investigative consumer reports under the FCRA and applicable state law. Sapphire will furnish User with Screening Reports for employment purposes conditioned upon said User compliance with this Agreement and fulfillment of all of its obligations (including payment) under this Agreement.
1. REGISTRATION AND SIGN-IN.
2. TERMS OF SALE.
When you purchase a Screening Report, you agree to pay using a valid payment method as indicated during registration (Payment Method), which will be charged at the time of your Purchase. You agree to provide us with accurate payment information and that we may store and use your Payment Method for use in billing future authorized purchases. We may use a third-party processor to process your Purchase, in which case the terms of your Purchase, such as refunds, payments, or customer service (Third Party Terms), may be governed by a third party seller, such as ClickBank. You are responsible for reading and understanding such Third Party Terms prior to making a Purchase. We reserve the right to suspend use of the Site without notice if your Payment Method is declined or is identified by our payment processor or by any Fraud Protection Method as being fraudulent or if you become delinquent in any payment obligation with us.
3. FRAUD PREVENTION.
As between Sapphire and you, all text, content and documents on the Site, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Site, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the Content) are owned by Sapphire and its affiliates, or used with permission or under license from a third party (each an Owner), and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
As between Sapphire Background Check and you, all right, title and interest in and to the Content will at all times remain with Sapphire Background Check and/or the Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used on the Site, are registered and/or common law trade names, trademarks or service marks of Sapphire Background Check or the applicable Owner. Sapphire Background Check reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Sapphire Background Checks and/or its Owners intellectual property rights, whether by estoppel, implication or otherwise.
5. USE AND RESTRICTIONS.
When you make a Purchase, you agree to the following restrictions:
a) Provide Sapphire Background Check with relevant information to verify that you represent a legal business entity
b) You are responsible for identifying and complying with the FCRA and all applicable Laws in connection with the procurement and use of Screening Reports. You shall also review the Consumer Financial Protection Bureau (CFPB) Notice to Users of Consumer Reports: Obligations of Users Under the FCRA attached as Exhibit.
c) Agree to procure and use Screening Reports only for legally permissible employment purposes in order to evaluate an Applicant consumer for employment, promotion, reassignment or retention as an employee, and for no other purpose.
d) Base all of your hiring decisions and related actions on your policies and procedures and not rely on Sapphire Background Check for (nor shall Sapphire Background Check render) legal advice regarding employment decisions. Any consultation, training and sample forms which may be provided by Sapphire Background Check shall be provided for informational purposes, and Sapphire Background Check shall not be deemed to be providing legal advice. Sapphire Background Check advises employers consult experienced counsel to ensure compliant procurement and use of Screening Reports in connection with their particular screening program.
e) Ensure that prior to the procurement of a Screening Report for employment purposes: (i) you have made a clear and conspicuous disclosure in writing to the Applicant, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes (and for California Applicants, the disclosure includes the name, address and telephone number of Sapphire Background Check, the nature and scope of the investigation requested, a summary of the provisions of Ca. Civil Code 1786.22, and otherwise complies with Ca. Civil Code 1786.16); and (ii) the Applicant has authorized in writing the your procurement of the Screening Report (and for California Applicants, you have provided the Applicant, by means of a check box, an option by which the Applicant may indicate on their written consent form that the Applicant wishes to receive a copy of any Screening Report that is prepared).
f) In using a Screening Report for employment purposes, before taking any adverse action based in whole or in part on the Screening Report, you shall provide to the Applicant to whom the Screening Report relates: (i) a copy of the Screening Report; and (ii) a description in writing of the rights of the Applicant under the FCRA, as prescribed by the Federal Trade Commission under FCRA 609(c)(3) (the Summary of Consumer Rights), and any other notices required by applicable law.
g) After providing the Applicant with the pre-adverse action disclosure described in the above paragraph, and after you have given the Applicant reasonable time to dispute the information contained in their Screening Report, you will, if intending to take adverse action, send the Applicant a follow-up notification that the Company is taking adverse action (e.g., denying employment or promotion) based in whole or in part on the information contained in the Screening Report.
h) Maintain records as required by law and maintain reasonable and appropriate physical, technical and administrative measures to protect against unauthorized access to and /or misuse of Screening Reports.
i) Agree to provide access to view Screening Reports on the Site only to Company employees, agents, and representatives who agree to comply with Companys obligations under the law and this Agreement.
j) Secure hard copies and electronic files of Screening Reports within your facility so that only authorized personnel can access them.
k) Shred or otherwise permanently destroy all hard copy Screening Reports when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
l) Erase and overwrite or scramble electronic files containing Screening Reports and Applicant information when no longer needed and when applicable regulation(s) permit destruction, to prevent the unauthorized access to and/or use of applicant/employee data and/or any other personally identifiable information of applicants/employees.
m) You shall use the Screening Reports solely as an end user. You are prohibited from copying, retransmitting, modifying, disseminating, reselling, broadcasting, circulating, or otherwise distributing, in whole or in part, any Screening Reports furnished by Sapphire Background Check.
n) If you reside in, or are seeking work in any of the following states, please review these additional notices:
California:You have the right to view your file that a Consumer Reporting Agency holds. By providing proper identification and duplication cost, you may obtain a copy of this information in person at the Consumer Reporting Agencys regular business hours and after providing reasonable notice for your request. Additionally, you can make the same request via mail or over request a summary of the file over the phone. The Consumer Reporting Agency can assist you in understanding your file, including coded information. You are allowed to have one additional person accompany you so long as they provide proper identification.
Maine:You have the right to ask and know whether a company ordered a background check on you. You can request the name, address, and telephone number of the nearest Consumer Reporting Agency office. Your request will be processed and sent to you in 5 business days.
Massachusetts:You have the right to obtain a copy of any of your consumer reports that your company has ordered on you by contacting the Consumer Reporting Agency for a free copy.
New York:By submitting a written request, you can learn whether a company has run a background check on you. You are allowed to inspect and order a copy of the report by directly contacting the Consumer Reporting Agency. If you have been convicted of one or more criminal offenses, you can request the company to provide a written statement declaring the reasons for the refusal of hire. This statement must be provided to you within 30 days of your request.
Washington State:After submitting a written request and waiting a reasonable amount of time after receiving the disclosure, you have the right to receive a complete and accurate disclosure of the nature and scope of any investigative consumer reports requested by an agency. The Washington Fair Credit Reporting Act requires Consumer Reporting Agencies to provide you a summary of your rights and remedies upon request. Any information requested by a company that deals with credit worthiness, credit standing or capacity is justified in order for employers to evaluate whether you present a risk for theft or dishonest behavior for the job you are being considered for.
6. UNITED STATES ONLY.
By using the Site, you agree and acknowledge that it is hosted in the United States. You are specifically prohibited from attempting to access the Site from a physical location outside of the United States. By using the Site, you consent to the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of California, and (c) the exclusive jurisdiction of the courts of the United States and the State of California
DISCLAIMER OF WARRANTIES. Screening Reports and other information in the Sapphire Background Check databases have been compiled from public records and other proprietary sources for the specific purposes of providing background information and therefore such information is obtained by Sapphire Background Check, and reported to Company, “AS IS”. Neither Sapphire Background Check nor any of its suppliers represents or warrants that the information from such records is complete or accurate; however, Sapphire Background Check represents and warrants that it will accurately report the information as provided by such sources. Sapphire Background Check hereby disclaims all other representations and warranties regarding the performance of the service and the accuracy, currency, or completeness of any data, information or screening report, including (without limiation) all warranties of merchantability, fitness for a particular purpose, title or non-infringement, and any implied indemnities.
Should applicable law not permit the foregoing exclusion of express or implied warranties, then sapphire background check hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from sapphire background check, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, sapphire background check does not make any warranties that the screening reports, the site, or any features or functionality of the site, will be uninterrupted, secure or error free or that your use of the site will meet your expectations, or that the site, content, or any portion thereof, is correct, complete, accurate, or reliable. Sapphire background check reserves the right to change any part of the site at anytime without notice.
8. LIMITATION OF LIABILITY.
Your use of the site is at your own risk. Neither sapphire background check, its affiliates, any of its or their respective officers, directors, nor any third party involved in the creation, production, or delivery of any data, information or screening reports will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the site or arising out of any action taken in response to or as a result of any screening report or other information available on the site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if sapphire background check was advised of the possibility of such damages. If you become dissatisfied in any way with the site, your sole and exclusive remedy is to stop your use of the site. You hereby waive any and all claims against sapphire background check, and its affiliates, agents, representatives and licensors arising out of your use of the site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of sapphire background check and its affiliates shall not exceed the lesser of the cost of the screening report ordered or one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
You hereby agree to defend, indemnify and hold harmless Sapphire Background Check, its owners, parents, subsidiaries, and/or affiliates, and its and their respective officers, directors, employees, agents, successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) based upon any material breach of this Agreement by Company, including but not limited to: (a) illegal or wrongful use or obtaining of any Screening Report (b) Company’s gross negligence or intentional wrongdoing in connection with the use or obtaining of the Screening Report (c) Company’s failure to comply with its obligations under the FCRA or other applicable state or local laws.
This defense and indemnification obligation will survive these Terms and your use of the Site.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sapphire Background Check without restriction.
12. CHANGES TO THESE TERMS.
If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in these Terms. Continued use of the Website constitutes your agreement to these Terms as in effect.
Sapphire Background Checks failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms 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 these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Sapphire Background Check may cancel, suspend or block your use of the Site and terminate your Account without notice if there has been a suspected violation of these Terms. Sapphire Background Check is not responsible or liable for any information that is made unavailable to you as a result of termination of your Account. You agree that sapphire background check will not be liable to you or any other party for any termination of your account. Any limitations on liability or other provisions of these Terms that favor Sapphire Background Check will survive the expiration or termination of these Terms for any reason.
15. NOTICES AND AGREEMENT TO BE BOUND BY ELECTRONIC SIGNATURE.
Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with Sapphire Background Check electronically. You also agree that Sapphire Background Check may send any privacy or other notices, in electronic form to the e-mail address that you provided during registration, or by posting on the Website. The delivery of any Notice is effective when sent by Sapphire Background Check, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.