BY ACKNOWLEDGING AND ACCEPTING THE TERMS AND CONDITIONS OUTLINED IN THIS CONTRACT I AM GIVING PERMISSION FOR THE MONTHLY OR YEARLY AUTOMATIC WITHDRAWAL FROM MY BANK ACCOUNT OR CREDIT CARD PROVIDED FOR USING THE DRIVERMANAGER SOFTWARE. THE AMOUNT WILL BE EQUAL TO THE AGREED UPON AMOUNT AT TIME OF PURCHASE. NO CHANGE IN MY MONTHLY FEES WILL BE IMPLEMENTED WITHOUT NOTIFICATION TO END USER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and MVRcheck, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. The term of website in these terms and conditions is referring to all MVRcheck online databases and website use.
MVRcheck MAKES NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. User acknowledges and agrees that the services provided by MVRcheck are merely access and reporting services that are dependent upon the accuracy, completeness and integrity of government maintained databases and information. MVRcheck cannot and does not guarantee that the services will be uninterrupted or error free, or that the information provided will be accurate, complete or up to date. Accordingly, the user (employer) agrees that it uses the services at its own risk. The MVR database refers to information maintained by each respective states DMV. The PSP database refers to the information maintained by the FMCSA-DOT.
When you use any service or feature offered through MVRcheck.com all of which are hereinafter referred to collectively as “The Service”, you agree to all of the terms and conditions of this Agreement and consent to Florida Jurisdiction. Please read the following terms and conditions carefully, as they constitute collectively the agreement (the “Agreement”) between you (the “User”) and us.
I understand that I am liable for all payments charged to my account by me or anyone using my “Log in ID” and “Password” to access any area of The Site.
If you do not agree to these terms and conditions, you will not use this service. By using this service and website you are agreeing to be bound by the terms of this agreement and consenting to Florida Jurisdiction.
Statement of Terms and Conditions — If Client has requested access to and been approved for mvr and drug screening background check services that include receiving consumer reports from MVRcheck.com, then in connection with requesting and/or receiving any reports from MVRcheck.com then client will be bound by FCRA and DPPA.
Client hereby certifies that it will only order motor vehicle records and/or driving records (collectively “MVRs”) in strict compliance with the Driver Privacy Protection Act (DPPA) and any related state laws. Client further certifies that no MVRs shall be ordered without first obtaining the written consent of the Applicant to obtain “driving records.” Client also certifies that it will use MVRs only in the normal course of business to obtain lawful information relating to the holder of a commercial driver’s license or to verify information provided by an applicant or employee. Client shall not transmit any data contained in the reported MVR via any unsecured means. Client understands that when MVRs are sought in certain states, Client will be required to complete and store certain state-specific written consent forms in connection with any MVR check performed by MVRcheck. Client agrees to complete such state-specific written consent forms as required by law or requested by MVRcheck. Client further agrees to maintain such forms for five years.
Client (End-user) certifies and agrees to:
(1) You agreed to a monthly subscription fee for DriverManager when creating an account and are obligated to pay that fee. Cancellation of your subscription must be sent via email with 30 days notice to [email protected]
(2) You must not use data collected from our website to contact individuals, companies or other persons or entities.
(3) You must notify us in writing immediately if you become aware of any unauthorized use of your account.
(4) Subscription fees may be changed at any time and end-users will be notified 30 days prior to rate changes.
(5) You may cancel your account by emailing [email protected] and provide your Company Name, Contact Name and Account ID. You must give 30 days cancellation notice to avoid the next subscription payment from your account.
(6) Upon cancellation customers will have 30 days to download and remove all data from our database. We are not responsible to retain any data for the client beyond 30 days after the cancellation takes effect.
(7) Ensure that reports will be requested only by Client’s designated representatives and only for Permissible Purposes.
(8) We reserve the right to discontinue or alter any or all of our website or software services, and to stop publishing our website or software, at any time in our sole discretion without notice or explanation; you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the software.
(9) Be responsible for the security and dissemination of the Account Number provided to Client by MVRCheck.com.
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY
(10). I AGREE TO INDEMNIFY AND HOLD HARMLESS MVRCHECK.COM AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED BY MVRCHECK IN
DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE OR THE SITE’S DATABASES.
(11). I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND\OR THE SITE’S DATABASES IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT MVRCHECK WILL NOT BE RESPONSIBLE TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF THE SITE OR THE SITE’S DATABASES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF MVRCHECK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
(12). I make each of the above statements and certifications with respect to me personally, as well on behalf of my employer and any other person or entity to which I provide reports or information based on data obtained from The Site’s databases. I have the authority to act on behalf of all such other persons or entities in making these statements and certifications.
(13). We are NOT liable for nor do we guarantee that our software/website will provide a complete compliance file and will keep drivers in compliance per the FMCSA DOT Federal Regulations for CDL Driver Compliance. MVRcheck will not be held liable for any loss or damage arising from legal action, DOT regulatory fines or downgrades of safety ratings for companies utilizing our website for DOT Driver Compliance.
(14). Account Owner and User CANNOT resell any information obtained from MVRcheck.com.
(15). Protection of User Access ID: If User is issued an access code to be used for Internet access to MVRcheck.com’s services (the “Access Code”), User shall only publicize the Access Code to personnel on a need-to-know basis. Any log-on or password information provided to User in connection with the Access Code shall be provided only to an “Account Administrator” and specific individuals designated as “Authorized Users”. User shall notify MVRcheck immediately upon any change of the Account Administrator or Authorized Users.
(16). Term of Agreement: The term of this Agreement shall continue in force and effect without any fixed date of termination
FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT MAY RESULT IN TERMINATION OF USER’S (SUBSCRIBER) ACCOUNT.
Hosted Service Policy
You have been invited to access and use the Hosted Service by Company or its representative. By accessing or otherwise using the Hosted Service (including any portion of the Hosted Service) or any of the data from the Hosted Service, you represent that: (a) you are either (i) a researcher providing information to Company in connection with a background check (or an employee or agent of, or consultant to, such a researcher who is authorized to accept these terms on behalf of that researcher, in which event “you” and “your” will refer to you and such researcher); or (ii) a customer purchasing background check services from Company (or an employee or agent of, or consultant to, such a customer who is authorized to accept these terms on behalf of that customer, in which event “you” and “your” will refer to you and such customer), and (b) you intend to be personally bound by the terms of this Agreement. If you are not so authorized or do not intend to be personally bound, Company is unwilling to provide you with access to the Hosted Service, and the access or use of the Hosted Service is a violation of U.S. and international copyright laws and conventions.
- Defined Terms
“Hosted Service” means the provision of access over the Internet to the Company Intellectual Property for your Authorized Use.
“Authorized Use” means that you may access or use the Hosted Service only as follows: (a) if you are a researcher to Company, you may access and use the Hosted Service to provide information to Company in connection with a background check; and (b) if you are a customer of Company, you may access and use the Hosted Service to order and purchase background check services from Company.
“Company Intellectual Property” means the background check software as well as other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Hosted Service, whether owned by Company or licensed to Company by third party licensors, developers or other suppliers (collectively, “Suppliers”). Company Intellectual Property includes any modifications, error corrections, updates, enhancements, and upgrades to the Company Intellectual Property; any HTML code and/or Java applet(s) generated by or included in the Hosted Service; the Company’s website through which the Hosted Service is accessed; content included on the Company’s website and any information generated by or collected through use of the Hosted Service; and any associated media, training materials, printed materials, and online or electronic documentation.
Our DriverManager software is powered by Knack Database Services and security for the system is managed by Knack. Furthermore, we are not responsible for database downtime that results from Knacks hardware or software. We will not be liable for any loss or corruption of any data, database or software. We will not be liable regarding any special, indirect or consequential loss or damage and nor for any losses arising out of any event or events beyond our reasonable control.
- Access and Use License to the Hosted Service
You may access and use the Hosted Service only for your Authorized Use. The extent to which you can access the Hosted Service is determined by Company and is further limited as specified in the Hosted Service user documentation contained in the “Online Help” screen. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the Hosted Service, or its contents, for any other purpose.
- Ownership of Intellectual Property
The Hosted Service contains confidential trade secret information of Company and its Suppliers. Company (and its Suppliers) retains all right, title and ownership of the Hosted Service, including the Company Intellectual Property, and any and all proprietary rights (including patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks or proprietary inventions, designs, information, sequence, structure, organization, and functionality) with respect to all of the foregoing. Nothing in this Agreement is intended to convey any rights therein to you, other than the right to use the Hosted Service in the manner and to the extent permitted in this Agreement.
Upon your registration, Company will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service security; and (d) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Company reserves the right to suspend, or to refuse any further, access or use of the Hosted Service if Company learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you (and not Company) are responsible for maintaining the confidentiality of the password and that you (and not Company) are liable for any harm that may result from disclosing (or allowing the disclosure of) your password or other breach of this Agreement.
- Prohibited Actions
As a condition to your Authorized Use of the Hosted Service, you must use the Hosted Service for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Company, in its sole and absolute discretion, will determine:
(a) Restrict or inhibit any authorized users from accessing or using the Hosted Service;
(b) Transmit to or introduce at the Hosted Service any viruses intended to damage, interfere with, disrupt, intercept or expropriate the Hosted Service (“Viruses”), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect (“System Attacks”);
(c) Use the Hosted Service for any purposes that are unlawful or illegal under any law, regulation or legal requirement or that could give rise to civil or criminal liability or actions against Company (or its Suppliers), you or any other third party;
(d) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary revisions (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or
(e) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Hosted Service that infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights.
- Other Restrictions and Limitations Applicable to Your Use of the Hosted Service
(a) Confidentiality. The Hosted Service is confidential and proprietary to Company (and its Suppliers). You agree that, unless you have the express written consent of Company, you will not disclose, transfer or otherwise provide to any third party all or any part of such Hosted Service except as authorized by this Agreement.
(b) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Company Intellectual Property, including any other technology utilized to provide the Hosted Service.
(c) No copies or modifications. You may not modify, publish, participate in the transfer or sale of, or create new works from any of the Hosted Service, in whole or in part.
(d) Rental. You may not rent or lease any of the Hosted Service.
(e) Proprietary Notices. You may not remove any copyright, trademark or other proprietary notices from the Hosted Service or any content or information generated from it.
Your access to and use of the Hosted Service may be terminated, limited, denied or disabled at any time, without the necessity of Company sending you notice or otherwise advising you of your loss of rights, if you use the Hosted Service in a way that is not authorized or if you otherwise violate any of the terms, conditions or restrictions stated in this Agreement. Accordingly, you may or may not be able to recover information stored on the Hosted Service. Termination or cancellation of this Agreement will not affect any right or relief to which Company or its Suppliers may be entitled, at law or in equity. Upon termination of this Agreement, all rights to use the Hosted Service will terminate.
- Disclaimer of Warranty.
The Hosted Service is provided “AS IS,” without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE HOSTED SERVICE, AND ACCESS TO THE HOSTED SERVICE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF OR ACCESS TO THE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR ACTUAL RIGHTS MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
You agree to indemnify, defend, and hold harmless Company and its Suppliers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Hosted Service by you or any other person who accesses the Hosted Service using your login ID or password; (b) any violation of this Agreement; or (c) any violation of any rights of a third party.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOSTED SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED $75 (SEVENTY-FIVE DOLLARS).
- Claims Regarding Your Use of The Hosted Service
This Agreement is governed by and is to be construed under the laws of the State of Florida. The sole jurisdiction and venue for any litigation arising out of this agreement will be an appropriate state or federal court in the State of Florida. You hereby consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If Company brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of this Agreement, Company will be entitled to recover from you (and you agree to pay), in addition to all damages that may be awarded, reasonable and necessary attorney’s fees and any costs of litigation. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court will reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this Agreement.
- Entire Agreement; Changes to this Agreement
The terms of this Agreement constitute the entire and exclusive agreement between you and Company regarding the Hosted Service and its use, and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Hosted Service. Company retains the right to modify the terms or conditions of this Agreement at any time and will notify you of such changes in writing. You are bound to all changes the Company may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. Otherwise, this Agreement may not be superseded or modified except in a writing signed by an authorized representative of Company. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Hosted Service.
Refund & Chargeback Policy
NO REFUNDS for driving records will be granted if the information you have submitted comes back as incorrect, invalid, in error or as “No Records Found”. You understand and agree that no refunds will be granted and you will not be permitted to re-process your order without incurring an additional charge for a new order. This policy is due to the fact that charges are incurred by this website to process your order, including payment to the DMV for the data and this website is not able to recover these charges once the order has been placed.
The purpose of this chargeback policy is to recover operating expenses incurred from protecting the company’s financial well-being from those individuals who would take financial advantage of our services instead of utilizing our contact and support system.
MVRCheck.com considers chargebacks and any kind of disputes through payment processors to be fraud if a customer has made no reasonable effort to work with us to resolve any problems with a purchase. In other words, we expect our customers to follow our refund policy instead of issuing a chargeback or opening a dispute, and chargebacks/disputes are always considered to be fraud. Fraudulent chargebacks may be turned over to a law enforcement or collection agency.
Since fraudulent purchases are often associated with malware and phishing, immediate termination of all services related to the chargeback is required to prevent possible damage. When MVRCheck.com receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all related services in the account are terminated.
Please, be advised, that a customer must reverse the chargeback in order to restore a blocked account.
All chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore, you agree that if you, the buyer, choose to do business with MVRCheck.com, and you issue a chargeback, you agree to pay us $50 for our time responding to the matter. You, the buyer, authorize us to charge this amount to your account balance or credit card. To cancel a chargeback, you must contact your credit card provider and issue a chargeback reversal. To cancel an open dispute you must contact the online payment processor and close your dispute.
None of the information contained on this page or within this web site should be construed as legal advice. Because this page addresses privacy issues and the legalities of reviewing an employee’s driving record, it is recommended that employers seek legal council prior to implementing any policies indicated in this page or website. This page may not address policies and procedures that are specific to certain states and/or union groups. For additional information please contact your HR representative or view the Fair Credit Reporting Act (FCRA) and DPPA. Any forms, policies, information and procedures should be reviewed by your legal counsel before being used.