Terms of Use

Last Updated: February 9, 2021

Welcome to SmartBackgroundChecks (“SmartBackgroundChecks,” “we,” “us” or “our”). This Terms of Use (the “Agreement” or “Terms”) sets forth the legally binding terms for your use of the website https://www.smartbackgroundchecks.com/, and any successor websites, (collectively the “Site”), and other interactive properties, including but not limited to our mobile applications and mobile-focused websites (the Site and our other interactive properties are collectively referred to herein as the “Applications"). The Terms govern your use of the Applications (however accessed and/or used, whether via personal computers, mobile devices or otherwise, and any other means or applications in which you connect with us or use our services (“Services”). Each time that you access or use the Applications you signify that you have read, understand, and agree to be bound by our privacy policy incorporated herein by reference. If you do not agree to any of the terms of these Terms, you must discontinue using the Applications and Services.

By accessing the Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

YOUR USE OF THE APPLICATIONS
We provide a database of public records and publicly available sources of information aggregated for your convenience. The searches made available by and through the Applications are provided for informational purposes only. While we are constantly updating and refining our database and Services, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, we are not responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the Applications. We do not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. We also reserve the right to delete any information from our databases at any time. WE ARE NOT A CREDIT REPORTING AGENCY FOR PURPOSES OF THE FAIR CREDIT REPORTING ACT (“FCRA”). AS SUCH, THE ADDITIONAL PROTECTIONS AFFORDED TO CONSUMERS, AND OBLIGATIONS PLACED UPON CREDIT REPORTING AGENCIES, ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THESE TERMS AND CONDITIONS. You acknowledge that the Services are provided "as is." Information is often obtained by third parties and the accuracy of the information cannot be guaranteed. Users should use extreme caution when interpreting search results. Some of the information provided in searches is based upon logic-based assumptions from information in our database compiled from public records regarding individuals’ names, addresses, ages, last names and the dates which correspond to these names, addresses and ages. Therefore, we urge you to independently verify any information you gather from the Applications as a possibility exists that our search results could be inaccurate. The Applications, the Content (as defined below) and the Services are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or the Applications, in any medium, without our prior written consent, or (ii) alter or modify any part of the Applications other than as may be reasonably necessary to use the Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Applications or any computer software or hardware or telecommunications equipment. You may not use the Applications or Services in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of any Applications or Services. You may not attempt to gain unauthorized access to any Applications or Services, other accounts, computer systems or networks connected to any server or to any of the Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Applications or Services, including but not limited to using any network monitoring or discovery software to determine the architecture of the Applications or extract information about usage, individual identities or users. You may not reverse engineer, decompile or disassemble any software accessed through the Applications or Services, including any proprietary communications protocol used by us. You may not use information obtained from the Applications to transmit any commercial, advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule. You also agree to adhere to the following:

• You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations.
• You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services.
• You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person.
• You will not use the Services to seek information about or harm minors in any way.
• You will not use the Services to seek information about celebrities or public figures.
• You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.
• You will not resell, sell, lease, license, sublicense or otherwise commercialize any of the information you obtain from the Services without our prior written consent.
• You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner.
• You will not make any phone call or send any email or text message that does not comply with CAN-SPAM, the Telephone Consumer Protection Act or any other applicable federal or state law. You acknowledge that You are solely responsible for ensuring that telephone calls made or email or text messages sent using information obtained are in compliance with CAN-SPAM, the Telephone Consumer Protection Act, or all other applicable federal or state laws. Smartbackgroundchecks does not scrub any phone numbers displayed on https://www.smartbackgroundchecks.com through the National Do Not Call Registry or any other do-not-call registries.

In consideration of your use of the Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by the Applications. We reserve the right to deny, in our sole discretion, any user access to the Applications or Services without notice for any or no reason.

OUR SERVICES
You can use the Applications to search for basic information, such as names, addresses and/or phone numbers. The Applications and Services are provided free of charge to you up to certain limits as determined by us. Any usage of the Applications or Services in excess of such limits may result in the suspension or termination of your access to such Applications or Services, in whole or in part. You must promptly notify us if you become aware of a potential breach of security. We have the right to modify the Services at any time in our sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any of our policies or practices in providing the Services is to stop using those Services. No representations, neither express nor implied, are made as to the validity of any data provided by us. While we have made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by users of our Services. We do not make any representations that information available on public records is accurate. In addition, searches can be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. In providing the Services we are not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from the Applications or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from the Applications or Service. You further agree not to provide any information obtained from the Applications or Services to any third party.

THIRD PARTY SITES
You may be able to access other websites or resources through links on the Applications. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, do not endorse, and are not responsible or liable for any content, advertising, products or other materials available from such sites or resources and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.

PROPRIETARY RIGHTS
The Services, and all material published on or accessible through the Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials on the Applications (together “Content”) is owned by us or our licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. We own a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Applications. All trademarks, service marks, trade names, and trade dress appearing on the Applications (“Marks”), are proprietary to us. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, the Applications or the Services, in whole or in part, without our prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or Marks without our express written consent. All right, title and interest in and to the Applications and Services is and will remain the exclusive property of us and our licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you. Except for allowing you to use the Applications and Service for your personal use as set forth in the paragraph above, when you use the Applications or Service, you are not receiving a license or any other rights from us, including any intellectual property or other proprietary rights. You understand that you have no rights to the Applications or Services or any other property except as indicated in these Terms.

DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OUR APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT MAKES NO WARRANTY THAT THE APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATIONS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE APPLICATIONS AND SERVICES. ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE APPLICATIONS OR A LINKED SITE.

WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF US, OUR PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

LIABILITY LIMITATION

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE APPLICATIONS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You understand that you are personally responsible for your behavior while on the Applications or using the Services and agree to indemnify and hold us, and our subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.

GENERAL TERMS AND CONDITIONS
This Agreement will remain in full force and effect while you use the Services. We can suspend or terminate your access to the Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. The Applications are intended for general adult audiences and you represent that you are over the age of 18 years of age and that you possess the legal right and ability to enter into this agreement and to use the Applications and Services in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Application and Services. By accessing the Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. We reserve the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. We also reserve the right to change, modify, discontinue, suspend or abandon the Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The Applications and Services are controlled from facilities in the United States. We make no representations that the Applications or Services are appropriate or available for use in other locations. Those who access or use the Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site with a new ”Last Updated” date shown. All such changes in the Terms shall be effective from the ”Last Updated” date shown. Your continued use of the Applications after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Applications and/or Services. Note that special terms or rules may apply to some services offered on the Site or the Applications. Any such terms are in addition to these Terms. In the event of any conflict or inconsistency between these Terms, our Privacy Policy, and any rules, restrictions, limitations, terms and/or conditions that may be posted at various points in the Applications or otherwise communicated to users of the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

RESOLUTION OF DISPUTES
These Terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. In the event a dispute arises between us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Department at (800) 571-0614, or by emailing us using our contact form located at https://www.smartbackgroundchecks.com/contact. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed.

INSTEAD OF SUING IN COURT, EACH PARTY AGREES TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. You agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from the Applications; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”). A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to us shall be sent to the following address: P.O. Box 105603, Atlanta, Georgia 30348-5603. All notices to you will be sent to the email address you provide to us. Upon receipt of such Notice of Dispute, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the Notice of Dispute, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any Claim under this Agreement shall be referred to the JAMS (“JAMS”) under its rules and procedures, including the JAMS Commercial Arbitration Rules. These rules and procedures are available by calling the JAMS or by visiting its web site at www.jamsadr.com. For any non-frivolous claim that does not exceed $10,000 we will: (1) pay all costs of the arbitration; and (2) if you prefer will conduct the arbitration by telephone.  Each party shall pay the fees and costs of its own counsel, experts and witnesses.

This arbitration agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

VENUE  

The parties hereby irrevocably consent to the exclusive jurisdiction of the State of California and agree that any litigation arising out of this agreement, whether in arbitration or judicial proceedings, shall be conducted in Sacramento County, California.

EXCEPTION  

Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.

SURVIVAL  

This arbitration provision shall survive termination of this agreement.

SEVERABILITY  

If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.

MISCELLANEOUS
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and us. They supersede any and all prior or contemporaneous agreements between you and us relating to your use of the Applications or the Services. We may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. Our failure to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms, Policies and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT US

If you have any questions or concerns, please contact us at:

SmartBackgroundChecks

Customer Service

P.O. Box 105603

Atlanta, Georgia 30348-5603