Customer Agreement

This Agreement ("Agreement") between Turning Point Data Inc., doing business as Precisionbackground.com ("Precision Solutions LLC"), and the undersigned User governs the purchase and use of Consumer Reports and Investigative Consumer Reports under the federal Fair Credit Reporting Act ("FCRA").

RECITALS

User intends to order Consumer Reports and Investigative Consumer Reports from Precision Solutions LLC under the FCRA, and Precision Solutions LLC intends to provide such services.

Agreement

  1. Responsibility for Costs:
    The user agrees to cover costs for responses resulting from searches, irrespective of whether these responses contain no records or indicate "no records found."

  2. Refund Policy:
    No refunds will be issued for reports ordered with incorrect search details, nor will Precision Solutions LLC re-run reports at no charge with corrected details. No refunds are given for duplicate purchases.

  3. Criminal Record Requirements:
    Only criminal records with a complete date of birth that matches exactly the submitted details will be returned.

  4. Understanding Database Limitations:
    User confirms having reviewed database descriptions on the Precision Solutions LLC website and understands their scope and limitations.

  5. Service Commitments by Precision Solutions LLC:

    • Compliance with all applicable laws, including the FCRA.

    • Reasonable efforts to ensure accuracy.

    • Disclosure and reinvestigation support upon consumer request.

  6. User Obligations:

    • Compliance with laws, including the FCRA.

    • Confidentiality of all reports.

    • Obtain written consent before ordering reports, unless otherwise authorized.

  7. Certification Requirements:

    • Each report request must have a permissible purpose.

    • Adverse action notices will be provided in accordance with the FCRA.

  8. Miscellaneous Terms:

    • Precision Solutions LLC may terminate service access at any time.

    • The parties are independent contractors.

    • These terms apply to all issued reports.

  9. Instant Database Conditions:

    • Services are provided "as is" with no guarantees.

    • Users assume all risks related to instant databases.

  10. State-Specific Requirements:

  • In certain states, court records must be verified before adverse employment action.

  1. Price and Service Changes:

  • Subject to change without notice.

  1. Indemnification:
    CUSTOMER will indemnify, hold harmless, and defend Precision Solutions LLC against all related claims except where caused by Precision Solutions LLC’s own negligence or intentional acts.

  2. Survival of Provisions:
    Key terms (e.g., indemnification, payment) survive after agreement termination.

  3. Information Accuracy Acknowledgment:
    User understands information is based on public records and may be incomplete or inaccurate.

  4. FCRA Review:
    User confirms reviewing the Fair Credit Reporting Act Overview.

  5. FCRA Notice Acknowledgment:
    User acknowledges receipt of notice outlining duties as a report user.

  6. Third-Party Responsibilities:
    User agrees to provide required FCRA notices to third parties when sharing report information.

  7. Legal Advice Disclaimer:
    Precision Solutions LLC does not offer legal advice and disclaims related liabilities.

  8. Legitimate Use Requirement:
    Services may only be used for legitimate commercial purposes.

  9. Liability Limitation:
    Liability is limited to the cost of the performed searches.

  10. Jurisdiction:
    Legal disputes are to be resolved exclusively in Essex County, Massachusetts.

  11. Data Retention Period:
    Reports are retained for five years from the search date.

  12. Additional FCRA Certifications for Employment-Related Checks:

  • Disclosure provided to the consumer.

  • Written consumer authorization obtained.

  • Compliance with applicable laws and adverse action requirements.

  1. Additional FCRA Certifications for California:

  • Consumer receives proper disclosure.

  • Option to request a copy of the report.

  • Copy of the report is provided if requested.

  • Compliance with Cal. Civ. Code 1786.40 regarding adverse action.

  1. Severability:
    If any provision is deemed unenforceable, the remainder stays in effect.

  2. Termination for Noncompliance:
    Precision Solutions LLC may immediately terminate access if the user violates these terms.

  3. Binding Acceptance:
    By submitting a search, the user certifies reading and accepting all terms, and agrees to payment obligations.