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. Record Maintenance and File Disclosures. MVRcheck shall maintain consumer report information and transaction details for three (3) years from date of order. After 3 years, data will be unrecoverable. Client can print or download reports any time after order is placed. MVRcheck does not charge setup fees or monthly fees. Client is charged only when services are ordered. Client accounts not accessed within 1 year will automatically be disabled for security reasons. Contact [email protected] to re-activate your account. Client can cancel their account at any time by emailing [email protected] or submitting a Support Ticket - Client understands that their account information and all associated data will be purged from our system and will be unrecoverable.
EMPLOYERS: As an employer (Per FCRA), you may use consumer reports when you hire new employees, evaluate employees for promotion, reassignment, and retention. Pursuant to the federal Fair Credit Reporting Act (the "FCRA") the undersigned, on behalf of the commercial driver employer; I (the "Employer"), hereby certifies the following regarding each of the MVR & PSP program records (the "Records") that Employer is requesting: 1. The requested Records will be used for permissible purposes only. 2. Prior to this request, Employer provided each Applicant a clear, separate and conspicuous written disclosure that the Employer is permitted to obtain the Records for employment purposes. 3. Each Applicant has provided the Employer with written authorization permitting Employer to obtain a copy of the Applicant’s Background Screening Report which includes but is not limited to MVR, PSP and Drug Screening Records.
Written Authorization from Applicant or Employee: User shall obtain from the Applicant or Employee a written authorization to obtain and use the Report as required by the FCRA and all other applicable State and local laws. Obtain the proper written authorization from the applicant or potential employee for each consumer report and investigative consumer report prior to requesting any report. MVR Driving Records can only be provided to legitimate companies and signed authorization from the driver must be kept in your company files for a period of 5 years.
Basis for Employment Decisions and Obligations After Adverse Decisions: User shall base all employment decisions and actions on its own policies and procedures and acknowledges and agrees that MVRcheck.com employees are not allowed and will not render any opinions regarding the Screening Report. Before taking any adverse action against an applicant based in whole or in part on any information provided in the Screening Report provided by MVRcheck.com user will provide a Pre-Adverse action letter to applicant and allow a minimum of 5 business days for applicant to dispute information on their report. Per FCRA guidelines, User and/or MVRcheck is required to provide the applicant with a copy of their Screening Report when requested. User shall inform the applicant that MVRcheck did not make the decision to take adverse action and cannot give specific reasons for the adverse action taken. User shall further provide a Summary of Rights under the FCRA to the applicant. Provide proper additional notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision is going to be made due to information in any report obtained from MVRcheck. If reports will be used for employment decisions, Client certifies and agrees to provide such additional notice, copy of the report and Summary of Rights to the applicant or employee in advance of any adverse decision regarding employment.
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.
Click Herefor Employer Compliance Guidance and FCRA Notices.
Statement of Terms and Conditions -- If Client has requested access to and been approved for mvrcheck background check services that include receiving consumer reports from MVRcheck.com, then in connection with requesting and/or receiving any reports from MVRcheck.com. Client hereby certifies that it will only order motor vehicle records and/or driving records (collectively "MVRs") and/or other background screening products in strict compliance with the Driver Privacy Protection Act (DPPA), FCRA, ICRA 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 3 years.
(1) Review the Notice to Users of Reports: Obligations of Users under the Fair Credit Reporting Act, as amended (FCRA), at the website address set forth in the Sales Order or as otherwise provided by MVRcheck.com., and perform legal obligations as set forth in such notice. (2) Use the information provided by MVRcheck.com. for the permissible purposes (the Permissible Purposes) only, and only in accordance with applicable law. The Permissible Purposes are: (i) legitimate business need in connection with a transaction initiated by a consumer, (ii) for the underwriting of insurance as a result of an application from the consumer or the review or collection of a consumer’s account (iii) for use by a potential investor or servicer, or current insurer, in validation of, or an assessment of, the credit repayment risks associated with an existing credit obligation (iv) for employment purposes. Client may disclose information within any report obtained from MVRcheck.com. hereunder, to the consumer or potential employee who is the subject of such report, in accordance with applicable law. Client certifies that it will use the information only for the specific Permissible Purposes set forth in the Sales Order and agrees to not resell any information obtained from MVRcheck.com. (3) Provide MVRcheck with the correct applicant information required to process search order reports. (4) Shall maintain custody of the consent form and shall retain the Applicant consent form for 5 years following the date of requesting the background verification. Subscriber shall securely store any hard copy of a Consumer Report and protect it against release and disclosure to unauthorized personnel or third parties. (5) Agrees to submit to an inspection, audit, or review of all records and procedures relating to this process and provide signed release upon demand. (6) Pricing: MVR on-demand pricing is listed on our website and is subject to change without notice due to increases in State DMV fees. The DMV will periodically increase their fees and we may increase our pricing to reflect the fee change. The pricing updates will be reflected on our website via the Pricing tab and clients should periodically review current pricing. Clients can review MVR pricing prior to completing any orders and being charged. (7) Payment: Agrees to pay all fees for services rendered by MVRcheck per pricing listed on the MVRcheck.com pricing page. Pricing is subject to change and its the responsibility of the user to review the pricing page for those changes. Client Subscriber authorizes MVRcheck.com to automatically charge the account credit card for any services ordered. Subscriber certifies that they are an authorized user of this credit card and will not dispute any payments with their credit card company. Regarding NET 30 Invoicing: Subscriber agrees to pay all applicable charges within thirty (30) days of receipt of invoice. Late payments will be assessed 1.5% monthly Interest charges. In the event that legal action is necessary to obtain payment, the Subscriber shall be liable to MVRcheck for all costs and reasonable attorneys fees incurred in the collection of payment.
INSURERS: Insurance providers may use MVR consumer reports to underwrite insurance policies and to screen high-risk applicants per compliance with the Fair Credit Reporting Act (FCRA). An insurance agency that pulls an MVR only in conjunction with "the underwriting of insurance," as prescribed in the FCRA, Section 604, does not need written permission to obtain the MVR. Agents can transmit MVRs to the insurance carrier only for the purposes of underwriting and can provide general statements of acceptance or denial to the employer/insured about a drivers record from an underwriting perspective. An agency that chooses to furnish detailed MVRs to commercial insureds on their current or prospective employees may legally do so if agency follows all the requirements of a "consumer reporting agency" under the FCRA. According to Fair Credit Reporting Act, agents may order MVRs only as it relates to the underwriting of insurance. If your insured (employer) is thinking of hiring someone and wants to know if they are eligible for coverage, you may order an MVR and then tell the insured (employer) that the driver is "eligible" or "ineligible." You may NOT share the MVR with them or let them know what is on the record (why they are not eligible). When an adverse action is taken — for example, when insurance is denied, rates are increased or a policy is terminated — and the decision is based partly or completely on information in a consumer report, Section 615(a) of the FCRA requires you to provide a notice of the adverse action to the consumer.
Consumer Reports provided by MVRcheck.com are for the sole and internal use of the Insurance Agency and Carrier, and may not be resold, sub-licensed, delivered or displayed in any way or used by any third party. Insurance Agency certifies that it shall order, receive, disseminate and otherwise use the Consumer Reports in compliance with all applicable federal, state and local statutes, rules, codes and regulations. Insurance Agency and Carrier agrees to indemnify and hold harmless MVRcheck.com from any and all damages, costs, judgments and expenses. Furthermore, Consumer Reports you obtain from us may not be used beyond the purpose for which they were ordered and cannot be sold or given to parties outside the ordering insurance company or insurance agency.
(7) If reports will be used for employment decisions, make a clear and conspicuous disclosure to the applicant or employee, in writing and in a separate document that a consumer report may be obtained for employment purposes. (8) Make a clear and accurate disclosure to the applicant or employee if an investigative consumer report (reference check) will be obtained, including a statement informing the subject of the report that additional information is available if requested. (9) Obtain the proper written authorization from the applicant or potential employee for each consumer report and investigative consumer report prior to requesting any report. (10) Provide proper additional notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision is going to be made due to information in any report obtained from MVRCheck.com. If reports will be used for employment decisions, Client certifies and agrees to provide such additional notice, copy of the report and Summary of Rights to the applicant or employee in advance of any adverse decision regarding employment. (11) Ensure that reports will be requested only by Client's designated representatives and only for the Permissible Purposes listed in the Sales Order. (12) Be responsible for the final verification of the applicant’s identity. (13) Be responsible for the security and dissemination of the customer number provided to Client by MVRcheck.com. (14). 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. (15). In cases where I (or my agent or employer) provide a third party with information obtained by me from The Site or The Site's databases, I will provide all such third parties with the prescribed notice of their duties as a user of a consumer report under the FCRA. (16). Account Owner and User CANNOT resell any information obtained from MVRcheck.com. (17).Protection of User Access ID: Subscriber shall require each Authorized User to have a unique user name and password and shall instruct each Authorized User to keep the user name and password confidential and not to share that information with any other person. Authorized Users shall not provide or make available their usernames or passwords to any other person. An Authorized User account is not permitted to be shared among users. Subscriber shall use reasonable efforts to prevent any unauthorized use of the MVRcheck Software and any misuse by Authorized Users. Licensee shall immediately notify MVRcheck via email of any actual or suspected unauthorized use or misuse that comes to Subscriber’s attention. If there is unauthorized use or misuse by anyone who obtained access to the MVRcheck Software from the information systems of Subscriber, Subscriber shall take all steps reasonably necessary to terminate the unauthorized use or misuse. 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. (18) Subscriber will maintain a process for identifying, assessing, and mitigating the risks to the MVRcheck Software and Systems and to the Confidential Information stored on them. (19). Term of Agreement: The term of this Agreement shall continue in force and effect without any fixed date of termination
DRIVERMANAGER APPLICATION: To obtain full access to the Application Platform, you are required to pay a subscription fee. If you cancel your subscription prior to its expiration, we will not refund you the pro-rated portion of the applicable charged subscription fee. DriverManager content is copyrighted and content may not be copied, used, modified, or adapted. You agree to use the Application Platform in a manner consistent with any and all applicable laws, rules and regulations. Any unauthorized modification or tampering with the application is strictly prohibited. We may cancel unconfirmed accounts or accounts that have been inactive. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion, including but not limited to, failure to abide by these Terms and Conditions. MVRcheck.com cannot be held liable for any non-compliance rulings or citations against you ("client user") or your company for any reason. It is your responsibility to maintain DOT driver compliance for your company. DriverManager is a tool to help maintain compliance and does NOT guarantee compliance by using the application.
RANDOM DRUG TESTING SERVICES: Random Drug Testing Agreement must be signed prior to this service being activated for your Account. You ("client") are required to stay compliant with all DOT requirements. MVRcheck.com cannot be held liable for any non-compliance rulings or citations against you ("client") for any reason.
MVR MONITORING SERVICES: Signed Agreement, setup fee, monthly driver monitoring fee and reporting fees apply.
Refund & Chargeback Policy | PA Form Fee
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", "Driver Not Found" or "License Not 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 DMV requires correct information to provide the driving record report and we are unable to provide a refund for license or any data entry mistakes since your request was sent to the State DMV "instantly" and they counted it as an inquiry. The Subscribers responsibility is to ensure that the correct Name, DOB, DL number, SSN and State are submitted to the screening 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 will be considered fraud. Chargebacks will result in immediate suspension of all accounts and may be turned over to a collections agency. Please, be advised, that a customer must reverse the chargeback in order to restore a suspended account.
All chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. 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.
If the PA MVR Release submitted is not correct and must be fixed for the DMV to accept it then a $10Form Fix fee will be assessed.
DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY (1). The consumer report obtained by MVRcheck is derived from databases and records that have been created and maintained by state and federal agencies, private companies, and other contributors that are not under the control of MVRcheck. Responsibility for the accuracy of the information contained in the consumer report and these databases and records rests solely in the contributor. The Subscriber waives any and all claims against MVRcheck arising out of or related to the accuracy of the consumer report, databases and records. Subscriber shall indemnify, defend and hold harmless MVRcheck, its vendors and service providers, affiliates, and subsidiaries, and their respective officers, directors, and employees from and against any and all damages, penalties, losses, liabilities, judgments, settlements, awards, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or in connection with any claims, assertions, demands, causes of action, suits, proceedings or other actions, whether at law or in equity related to Subscribers’ use of authorization forms, disclosure documents or processes made available by MVRcheck Software. Subscriber is responsible for compliance with DOT and FCRA. MVRcheck.com CANNOT be held liable for any non-compliance rulings or citations against subscriber for any reason. It is subscribers responsibility to maintain DOT & FCRA compliance for subscriber's company. (2). SUBSCRIBER AGREES 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 SUBSCRIBER PERFORMED ON THE SITE OR THE SITE'S DATABASES. (3). SUBSCRIBER UNDERSTANDS AND AGREES THAT THE USE OF THE SITE AND\OR THE SITE'S DATABASES IS ENTIRELY AT SUBSCRIBERS SOLE RISK. SUBSCRIBER UNDERSTANDS AND AGREES THAT MVRCHECK WILL NOT BE RESPONSIBLE TO SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH SUBSCRIBERS 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.
The Individual's Right to Access Personal Data Being Processed Upon individual written request, MVRcheck.com will inform you of whether any personal data of which you are the subject is being processed. If personal data of this nature is being processed, you have the right to receive (1) a description of the personal data, (2) the purposes for which the data is being processed, (3) a list of the recipients to whom the data may be disclosed, and (4) information regarding the source of the data. The information provided to you will be in a format that is easy to understand. All such written requests must be sent by letter or e-mail to the company listed at the end of this policy.
Exceptions to the Right to Access Personal Data Pursuant to the Data Protection Act of 1998, there are several situations in which an individual does not have the right to request personal data. For example, you may not receive information located in your personal data which identifies another individual, unless either (1) the other individual provides permission or (2) it is reasonable to comply with the request without the consent of the individual. In addition, you do not have a right to personal data processed for the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of any tax or duty. Furthermore, parts of the personal data containing information constituting a trade secret or providing the logic involved in any decision-making may be withheld from disclosure. The Secretary of State may provide or order additional exemptions relating to health, education, social work, or government functions. FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT MAY RESULT IN TERMINATION OF USER'S (SUBSCRIBER) ACCOUNT. Copies of FCRA and the DPPA can be obtained by emailing a request to [email protected] or Selecting RESOURCES - EMPLOYER COMPLIANCE from the Site Navigation menu.
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.
"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 Tadabase Database Services and security for the system is managed by Tadabase. Furthermore, we are not responsible for database downtime that results from Tadabase 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.
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. Since fraudulent purchases can be associated with malware and phishing, immediate termination of all services related to a fraudulent service or chargeback is required to prevent possible damage. When MVRcheck receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all related services in the account are terminated.
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.
LEGAL DISCLAIMER: Subscriber acknowledges that MVRcheck is not a law firm and does not provide legal advice in connection with: (i) fcra, ca icra and dppa compliance (ii) authorization and disclosure forms (iii) use of software for state or federal compliance. Subscriber shall consult with legal counsel as appropriate to determine the best use of the MVRcheck Software. 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 and/or background screening, 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), California Investigative Consumer Report Act (ICRA) and DPPA. Any forms, policies, information and procedures should be reviewed by your legal counsel before being used.