TERMS AND CONDITIONS: SERVICE AGREEMENT
This Service Agreement
is made and entered into by and between CASE BREAKERS, INC.,
a Florida corporation (who shall be referred
to as the "Company" "Us" "We" and "Our")
and you. By submitting the information required by this Agreement
and your credit card number to the Company you hereby agree to
be bound by the terms of this Agreement.
In order to determine
whether our provision of Information to you will be subject to
the requirements of the Fair Credit Reporting
Act, 15 U.S.C. §1681 et sec. please provide verifiable identification
and certify for us below the purpose for which you intend to use
the Information. Your failure to truthfully respond, could subject
you to fines under Title 18 of the United States Code and/or imprisonment
of up to two years, or both.
Section 1. Certification of Purpose.
I hereby certify that the purpose for which I am requesting the
Information from the Company is one described below and I hereby
agree to the conditions specified herein which pertain to my selection
of purpose:
[ ] I am requesting
the Information solely for personal, private and non-commercial
use. I agree not to share the Information with
any other person. By making this selection of purpose I understand
and intend that I shall not be subject to the Fair Credit Reporting
Act.
[ ] I intend
to use the Information for employment purposes, and thus I understand
that the provision of information is subject
to the Fair Credit Reporting Act and I certify as required in Section
12.
[ ] I hereby
certify that the purpose for which I am requesting the Information
from the Company is commercial, best described
as one of the purposes described below, and subject to the Fair
Credit Reporting Act.
. I am requesting the Information in connection with a court
order or a federal grand jury subpoena.
. I am the individual who is the subject of the Information and will provide
written instructions to the Company how I wish the Information to be used.
. I intend to use the Information in connection with a credit transaction involving
the individual to whom the Information pertains involving the extension of
credit to, or review or collection of the accounts of the individual to whom
the Information relates (the "Subject").
. I intend to use the Information in connection with the underwriting of insurance
involving the Subject, with his or her consent.
. I intend to use the Information in determining the eligibility of the Subject
for a license or other benefit granted by a governmental instrumentality required
by law to consider an applicant’s financial responsibility or status.
. I intend to use the Information as a potential investor, service or current
insurer in connection with a valuation of, or an assessment of the credit or
prepayment risks associated with an existing credit obligation of the Subject
with his or her consent.
. I have a legitimate business need for the Information with respect to a business
transaction involving the Subject, which transaction was initiated by the Subject.
. I intend to use the information in response to a request by the head of a
State or local child support enforcement agency and I certify as required in
Section 13.
Section 2. Information.
Upon accepting your
certification and verifying your identity, we shall provide you
with the public record information (the "Information")
you request. All Information provided by us shall be current as
of the date provided to us and is made available to you on an "as
is" basis. By accepting this agreement, you acknowledge that
we are not responsible for the record keeping practices of third
parties such as, but not limited to, county, state and federal
courts, state repositories, state and regional prisons, local police
stations, and all other local, state and federal organizations,
from which we gather our data.
Section 3. Covenant of Compliance with Fair Credit Reporting Act
A. Complete Certification and Abide by Restrictions on Information.
You hereby agree that if the purpose for which you have certified
your use of Information causes you and the Company to be subject
to the Fair Credit Reporting Act you will complete the applicable
certifications at the end of this Agreement and you will not request
the restricted Information set forth in Section 14 of this Agreement.
B. Adverse Actions - You hereby agree that if you take an adverse action on
the basis of the Information provided by us to you against the Subject, you
shall provide notice of the adverse action to the Subject including the following
information:
(i) The name, address and telephone number of the Company;
(ii) A statement that the Company did not make the decision to take adverse
action and is unable to provide the individual with the specific reasons
the action was taken; and
(iii) A notice of individual's right to obtain a free copy of the Information
provided by Company from the Company within sixty (60) days of its notice of
adverse action and to dispute with the Company the accuracy of such information.
C. Payment for Our Performance Under the Fair Credit Reporting
Act. You agree to pay us for the Information that we provide to
the Subject should we have to disclose the Information to the Subject
pursuant to any of the requirements of the Fair Credit Reporting
Act. You understand and agree that neither of us shall charge the
Subject for the Information.
Section 4. Verification and Delivery of Information. You shall
submit all requests for Information to us in writing by on-line
transmission, postal mail or by facsimile, and we shall submit
all Information request results to you in writing by on-line
transmission, postal mail or by facsimile. Upon receipt of an
Information request, we shall use our best efforts to provide
to you search results of the Information requested, as stated
on our website, provided that we are first able to verify your
identity (account). You understand there may be delays in completing
the delivery of some Information requests due to court closures,
court orders, acts or regulations of governmental bodies, document
retrieval, document verification, failure of a third party's
performance, inclement weather, any act of God, and other circumstances
beyond our control. All Information requests received after 3:00
P.M. EST will be deemed received next business day.
Section 5. Consideration and Invoice Payment. You shall pay us
fees, as updated from time to time through published fee schedules,
in effect on the date of each Information request. All charges
that you incur for the Information requested and the Information
supplied to an individual relating to the Information shall be
paid by credit card, check or money order. You hereby agree to
pay all reasonable attorneys' fees and costs incurred by us in
collection of any amount owed by you to us.
Section 6. Disclaimer of Warranties. THE INFORMATION BEING SOLD
HEREUNDER IS "AS IS" AND WE MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE INFORMATION PROVIDED
BY US PURSUANT TO THIS AGREEMENT, EXCEPT AS REQUIRED PURSUANT
TO THE FAIR CREDIT REPORTING ACT, WHEN APPLICABLE, AND WE EXPRESSLY
DISCLAIM WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF SUITABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AS APPLICABLE.
Section 7. Limitation of Liability. We recognize the importance
of furnishing accurate Information to you and we will make all
reasonable efforts to provide timely and accurate Information
through strict policies, procedures and audits of our employees
and independent contractors. You understand and agree that any
Information furnished pursuant to this Agreement has been created,
maintained and reported by various federal, state and county
agencies and other third parties which are not under our control.
Responsibility for the accuracy of the Information rests solely
with said agencies and other third parties which create, maintain
and report said Information. WE WILL NOT BE LIABLE TO YOU FOR
DAMAGES, AND YOU HEREBY RELEASE US FROM ANY LIABILITY FOR DAMAGES
ARISING UNDER ANY THEORY OF LEGAL LIABILITY TO THE FULLEST EXTENT
THAT YOU MAY LEGALLY AGREE TO RELEASE US FROM LIABILITY FOR SUCH
DAMAGES, PROVIDED, HOWEVER, THAT YOU DO NOT RELEASE US FROM ANY
LIABILITY ARISING SOLELY FROM OUR WILLFUL MISCONDUCT OR LOSS
NEGLIGENCE (UNLESS ATTRIBUTED OR IMPUTED TO US BY REASON OF ANY
ACT OR OMISSION OF YOURS WHETHER AS AN AGENT OF OURS OR OTHERWISE).
IN THE EVENT WE ARE LIABLE TO YOU FOR ANY MATTER ARISING UNDER
OR RELATING TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, EQUITY,
TORT OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR
NEGLIGENCE), THE AMOUNT OF DAMAGES RECOVERABLE AGAINST US FOR
ALL SUCH MATTERS WILL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT
PAID TO US BY YOU FOR THE INFORMATION, AND RECOVERY OF THE AMOUNT
IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER.
Section 8. Indemnity. You agree, whether or not this Agreement
has expired or been terminated, to indemnify, defend and save
and keep harmless us and our employees, agents and representatives,
from and against any and all liabilities, obligations, losses,
damages, penalties, fines, punitive damages, amounts in settlement,
claims, actions, proceedings, suits, judgments, costs, interest,
expenses and disbursements of any kind and nature whatsoever
arising under any theory of legal liability (including attorneys’ fees
and costs) that may be imposed on, incurred by or asserted against
us, and our employees, agents or representatives, in any way
relating to, resulting from, based upon, or arising out of the
services performed and Information provided pursuant to this
Agreement.
Section 9. Limitation of Actions. No claim may be asserted by either
party hereto against the other party with respect to any event,
act or omission that occurred more than two (2) years prior to
such claim being asserted.
Section 10. Attorneys' Fees. If any action at law or in equity,
arbitration or other proceeding is brought for the enforcement
or interpretation of this Agreement, or because of an alleged
breach of the provisions of this Agreement, or in any way arising
out of the transactions contemplated by this Agreement, or in
any way arising out of the transactions contemplated by this
Agreement, whether sounding in tort or contract or otherwise,
the prevailing party is entitled to recover reasonable attorneys'
fees and other costs incurred in connection with such action,
arbitration or other proceeding (including, but not limited to,
expenses and costs of investigation, witness fees and travel),
in addition to any other relief to which the prevailing party
may be entitled.
Section 11. Miscellaneous
1. Entire Agreement of the Parties. This Agreement and the related
documents hereto or expressly contemplated hereby contain the entire
understanding of the parties relating to the subject matter contained
herein and supersede all prior written or oral and all contemporaneous
oral agreements and understanding relating to the subject matter
hereof. This Agreement cannot be modified or amended except in
writing duly executed by both parties.
2. Notices. Any notices required to be given under this Agreement
shall be given in writing to the parties at the addresses set forth
above.
3. Independent Contractor. The relationship created by this Agreement
is intended to be solely one of independent contracting parties
and not of partnership, principal and agent or similar obligation.
We shall, at all times, be regarded as an independent contractor
and shall at no time act as agent or employee for you. We may use
any employees or subcontractors as we deem necessary to perform
the services required of us by this Agreement. You may not control,
direct or supervise our employees or subcontractors in the performance
of said services. Each of the parties to this Agreement has relied
upon its own investigation and judgment in determining to become
a party to this Agreement and has not relied upon any representation
or promise of the other party that is not reflected in this Agreement.
4. Binding Effect. This Agreement shall be binding upon and inure
to the benefit of us and its successors and assigns and you and
your successors and assigns.
5. Sever ability. The invalidity, illegality or unenforceability
of any provision of this Agreement shall not affect the validity,
legality or enforceability of any other provision of this Agreement,
which shall remain in full force and effect.
6. Governing Law, Venue and Jurisdiction. This Agreement shall
be controlled by, construed and enforced in accordance with the
laws of the State of Florida. Any claim or cause of action shall
be brought by either party in the state courts of Florida and in
the County of Broward.
Section 12. Further Certification for Employment Purposes.
If you will be using the Information for employment purposes,
pursuant to the Fair Credit Reporting Act, you must further certify
as follows:
A. I have complied
with section 1681b(b)(2) of the Fair Credit Reporting Act by
making a clear and conspicuous disclosure in a
stand alone writing to the Subject, prior to the procuring of the
Information from the Company, that the Information, which shall
be considered a "consumer report" will be procured for
employment purposes.
B. The Subject has authorized in writing on the provided notice of disclosure
the procurement of the Information from the Company.
C. I will comply with section 1681(b)(3) of the Fair Credit Reporting Act prior
to taking any adverse action with respect to the Subject due to the Information.
D. The Information will not be used in violation of any applicable Federal
or State equal employment law or regulation.
Section 13. Child Support Enforcement
If the selected purpose for obtaining the Information is with
respect to child support enforcement, you must certify to us as
follows:
A. The Information, which shall be a consumer report, is needed
for the purpose of establishing the capacity of the Subject to
make child support payments or determine the appropriate level
of payments.
B. The paternity of the Subject for the child for which the child support obligation
exists has been established or acknowledged by the Subject in accordance with
State laws under which the obligation arises (if required by those laws.)
C. I have provided at least ten (10) days prior notice to the Subject, by certified
or registered mail to the last known address of Subject, that the Information
has been requested.
D. The Information shall be kept confidential, will be used solely for the
purpose described in paragraph 1 of this certification, and will not be used
in connection with any other civil, administrative or criminal proceeding or
for any other purpose.
Section 14. Restrictions on Information under the Fair Credit Reporting
Act.
If your Information request is subject to the Fair Credit Reporting
Act, the Information provided to you shall exclude: (1) Cases under
Title 11 of the United States Code or under the Bankruptcy Act
that, from the date of entry of the order of relief or the date
of adjudication, as the case may be, antedate the date the Information
which was requested by more than ten (10) years; (2)Civil suits,
civil judgments, and records of arrest that, from the date of entry,
antedate the date the Information was requested by more than seven
(7) years or until the governing statute of limitations has expired,
whichever is the longer period; (3) Paid tax liens which, from
the date of payment, antedate the date the Information was requested
by more than seven (7) years; (4) Accounts placed for collection
or charged to profit and loss which antedate the date the Information
which was requested by more than seven (7) years, and (5) Any other
adverse item of information, other than records of convictions
of crimes which antedates the date of request for Information by
more than seven (7) years; unless you can check one of these three
boxes:
[] The Information is to be used in connection with a credit
transaction involving a principal amount of $150,000 or more.
[] The Information is to be used in connection with the underwriting
of life insurance involving a face of amount of $150,000 or more.
[] The Information is to be used in connection with the employment
of an individual at an annual salary which equals or exceeds $75,000.
End Of Document. |
