Disclaimer
The data provided in the reports is sourced from public databases, which are considered public records. Users should not assume that the information presented is current, complete, or entirely accurate for any individual. Prior to utilizing this information for employment-related decisions such as hiring or termination, users are advised to review applicable federal, state, and local laws. For additional restrictions concerning the use of this data, please refer to the Precision Solutions LLC Terms and Conditions.
Precision Solutions LLC bears no liability for claims arising from the use of this data beyond the actual cost of the searches conducted.
Criminal Record Data Coverage:
The user acknowledges having reviewed the descriptions of the databases utilized by Precision Solutions LLC, available at precisionbackground.com. This includes understanding the content depth and limitations of each database. Precision Solutions LLC cannot be held responsible for any criminal records that are not included in our data coverage.
Terms and Conditions:
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:**
The user acknowledges that 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. Additionally, no refunds will be provided for reports purchased twice in error by the user.
3. **Criminal Record Requirements:**
The user acknowledges that Precision Solutions LLC only provides criminal records that include a complete date of birth matching exactly the submitted search details. Partial dates of birth in criminal records will not be returned.
4. **Understanding Database Limitations:**
The user confirms having reviewed the database descriptions listed on Precision Solutions LLC's website, understanding the scope and limitations of each database's contents.
5. **Service Commitments:**
In providing services, Precision Solutions LLC agrees to:
- Comply with all relevant laws, including the federal Fair Credit Reporting Act (FCRA).
- Undertake reasonable measures to ensure the accuracy of reported information, subject to specified conditions.
- Disclose information to consumers upon request, undertake free reinvestigations of disputed information, and take corrective actions as necessary.
6. **User Obligations:**
In connection with purchasing services, the user agrees to:
- Comply with all applicable laws, including the FCRA and federal/state regulations.
- Maintain strict confidentiality of all reports generated by Precision Solutions LLC, disclosing information only as required by law.
- Obtain written consent before ordering reports for others, unless authorized by Precision Solutions LLC.
7. **Certification Requirements:**
The user certifies that:
- Each request for a report specifies the permissible purpose under the FCRA.
- When taking adverse action based on a report, written notice will be provided to the consumer, detailing their rights under the FCRA.
8. **Miscellaneous:**
- Precision Solutions LLC reserves the right to terminate user access to services at its discretion, without notice.
- Both parties are independent contractors and cannot bind each other without explicit consent.
- This agreement constitutes all conditions of service and applies to all reports issued by Precision Solutions LLC.
9. **Instant Database Conditions:**
If accessing Precision Solutions LLC's instant databases, additional conditions apply:
- Services are provided "as is," without warranties, and Precision Solutions LLC does not guarantee uninterrupted or error-free service.
- Users utilize these services at their own risk, and Precision Solutions LLC is not liable for errors or omissions in the database.
10. **State-Specific Requirements:**
For users in specified states, employers must verify court records before taking adverse action based on instant reports.
11. **Price and Service Changes:**
Precision Solutions LLC reserves the right to modify prices, services, and service characteristics without prior notice.
12. **Indemnification:**
CUSTOMER will at all times (both during and after the Term) indemnify, hold harmless and defend Precision Solutions LLC and its affiliates and parents and their respective directors, officers, members, managers, employees, customers and agents against all claims, suits, losses, fines, penalties, forfeitures, damages, judgments, reasonable attorney fees and related litigation costs arising out of or in any way connected with the CUSTOMER and its employees, agents or contractors (i) breach, performance or non-performance of this Agreement and (ii) negligence in providing the services. CUSTOMER shall not be liable for any claims or damages to the extent such claim or damage results from the negligence or intentional acts PRECISION SOLUTIONS LLC.
13. **Survival of Provisions:**
Provisions related to warranty disclaimers, information use, payment, terms, and indemnification remain effective after termination of the agreement.
14. **Information Accuracy Acknowledgment:**
User acknowledges that information provided by Precision Solutions LLC may not be completely accurate or comprehensive, as it is derived solely from public records.
15. **FCRA Review:**
User confirms reviewing the Fair Credit Reporting Act Overview applicable to employment.
16. **FCRA Notice Acknowledgment:**
User acknowledges receiving the FCRA notice regarding duties as a consumer report user.
17. **Third-Party Responsibilities:**
User agrees to provide third parties with FCRA-required notices when sharing information obtained from Precision Solutions LLC.
18. **Legal Advice Disclaimer:**
Precision Solutions LLC does not offer legal advice on report utilization and is not liable for any legal actions resulting from information obtained through its services.
19. **Legitimate Use Requirement:**
User agrees to use Precision Solutions LLC's services only for legitimate commercial purposes.
20. **Liability Limitation:**
Precision Solutions LLC's liability for damages arising from the use of data is limited to the actual cost of the searches performed.
21. **Jurisdiction:**
Legal disputes between User and Precision Solutions LLC shall be handled exclusively in Essex County, Massachusetts courts.
22. **Data Retention Period:**
User acknowledges that Precision Solutions LLC retains search reports for five years from the search date.
23. Additional FCRA Certifications for Employment-Related Checks
The User certifies as follows:
1. A clear and conspicuous disclosure has been made in writing to the consumer by the User (in a document that consists solely of the disclosure) stating that a consumer report may be obtained for employment purposes;
2. The consumer has authorized in writing the procurement of the consumer report that is being ordered;
3. Information from the report to be provided by Precision Solutions LLC will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation, or any other applicable law; and
4. If applicable, the User will comply with the adverse action requirements described in Section 604(b)(3) of the Fair Credit Reporting Act, as well as any other pertinent adverse action requirements.
24. Additional FCRA Certifications for California
To the extent that that the consumer about which you are ordering a report resides in California, is applying to work in California, or presently works in California, you, the User, certifies that you have met all California legal requirements for obtaining an investigative consumer report from The Site. Among other things, you certify that:
1. A clear and conspicuous written notice has been provided to consumer that is the subject of the report (in a document that consists solely of the disclosure) specifying: (1) that an investigative consumer report may be obtained; (2) End-User's permissible purpose for receiving the report; (3) that the report may include information on the consumer's character, general reputation, personal characteristics, and mode of living; (4) Precision Solutions LLC’s name, address, and telephone number; (5) the nature and scope of the investigation requested, including a summary of the provisions of Cal Civ. Code. 1786.22; and (6) Precision Solutions LLC’s website address (so the consumer can find more information about Precision Solutions LLC’s privacy practices and whether the consumer's personal information will be sent outside of the United States or its territories);
2.You provided the consumer an opportunity to check a box on a document to indicate that he/she would like a copy of the report, and such document included Precision Solutions LLC’s name, address, and telephone number and how to contact Precision Solutions LLC;
3. You will provide a copy of the report to the consumer within three business days of receiving the report from Precision Solutions LLC if the consumer checks the box requesting a copy of the report; and
4. You will comply with Cal. Civ. Code 1786.40, if the taking of adverse action is a consideration.
25. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
26. If the user does not comply with the provisions set forth in the terms and conditions mentioned in this agreement, Precision Solutions LLC will immediately terminate access to the service.
27. By submitting the search, the user is certifying that the user has read all of the terms and conditions in its entirety and also understands that the user is responsible for payment of the selected searches and reports and considers this acceptance as a binding agreement with Precision Solutions LLC.