Background & Motor Vehicle Reports

1. USE OF PLATFORM

   Credentialing Required. Required. You acknowledge and agree that this Agreement is contingent on CARCAREERS.COM’s Industry Partner, receiving and approving your Customer Credential Application. YOU MUST COMPLETE A SEPARATE CUSTOMER CREDENTIAL APPLICATION FOR EACH BUSINESS AFFILIATE LOCATION PER FCRA GUIDELINES AND CARCAREERS.COM TERMS OF USE. You will not have a registered account with CARCAREERS.COM or our Industry Partner, or access to the Platform or Reports, until you have created your user ID and password and our Industry Partner approves your Customer Credential Application; each business affiliate location will create their own user ID and password to create their own account. You must submit a complete and accurate Customer Credential Application and provide all reasonably necessary information about You as part of CARCAREERS.COM and it’s Industry Partner’s credentialing process. Any information that You provide via the Customer Credential Application or to the Platform will be handled in accordance with our Privacy Policy. CARCAREERS.COM and/or it’s Industry Partner in their sole discretion, may accept or reject your Customer Credential Application. Only the entity that enters into this Agreement may use and access the Platform under this Agreement. ANY APPROVED BUSINESS AFFILIATE LOCATIONS MUST SUBMIT THEIR OWN CUSTOMER CREDENTIAL APPLICATION AND BE SEPARATELY CREDENTIALED.

   Account Creation. In addition to this Agreement, You must create a registered Account and enter into a Subscription Agreement with CARCAREERS.COM before you can use the Platform. The Subscription package will specify the Fee and Report(s) that apply. If You wish to add other Report types later, please contact your CARCAREERS.COM sales representative.

   Use of Platform. During the 12 month term and subject to the terms of the Agreement, you may access and use the Platform solely:

   1. for Your own use of the specific Report(s) and
   2. via CARCAREERS.COM’s Industry Partner’s web portal in compliance with its accompanying Documentation, and any reasonable rules or guidelines that CARCAREERS.COM or our Industry Partner may provide.
   
   

   Restrictions. You represent and warrant that you shall:

   1. not use, or attempt to use, the Platform for unauthorized purposes;
   2. not use the Platform for the benefit of any third party;
   3. not do any of the following, or allow any third party to do any of the following: (i) copy, distribute, rent, lease, lend, sublicense or transfer the Platform, or make the Platform available to any third party, including your affiliates, parents or subsidiaries, other than approved affiliates, without CARCAREERS.COM’s and it’s Industry Partner’s express prior written consent, (ii) modify, decompile, reverse engineer, or disassemble the Platform or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces, (iii) create derivative works based on the Platform; (iv) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Platform; or (v) use the Platform to develop a competitive product offering;
   4. not use any agents, robots, scripts, spiders, or other automated means to access or manage the Platform; and
   5. not allow your personnel to access the Platform or order Reports for improper, illegal or unauthorized purposes, including on themselves, associates, or any other person except in the exercise of their official duties.
2. FEES AND PAYMENT

   FEES During the 12 month term, you are authorized to order the reports specified in your Subscription package and your order. You will pay CARCAREERS.COM the monthly service fee, in consideration for reports ordered and your use of the platform. CARCAREERS.COM will automatically charge your valid ACH debit or credit card on file, every 30 days.  Notwithstanding the foregoing, you shall not be required to pay any fees reasonably in dispute, provided that you promptly notify CARCAREERS.COM in writing of the amount in dispute and the reasonable basis therefore within thirty (30) days following the end of month during which such fees were earned. Any dispute not raised by you during the foregoing time period shall be deemed waived.  The parties will investigate and resolve any dispute in a timely and reasonable manner.  CARCAREERS.COM reserves the right to adjust fees (i) to the extent you have not committed to a fixed-term order, upon written notice to you; or (ii) to the extent you have committed to a fixed- term order, upon sixty (60) days’ notice to you in the event of a ten percent (10%) or greater increase in variable costs (for flat-rate packages that include variable costs).

   Accepted Payment Methods. You must provide valid ACH debit or credit card information to CARCAREERS.COM for your account through the CARCAREERS.COM website before you can access the Platform or order any reports. You are solely responsible for ensuring that your payment information is complete and accurate at all times.

   Automatic Payment Terms the creation of your account you will pay the monthly service Subscription fee for the package that you have selected (Standard Package: up to 100 Background Reports per year or Standard Package With MVR: up to 100 Background Reports per year & up to 100 MVR Records per year, or MVR Records Only Package: up to 100 MVR records per year).  Every 30 days, for the remainder of your 12 month term, CarCareers.com will charge you a recurring monthly fee via accepted payment methods for your monthly Subscription.  If you order a type of report that is NOT included in your Subscription package, your ACH debit or credit card will be charged immediately, OR with your monthly service fee, at a rate of $35 per MVR and $25 per Background report. If your report orders exceed the number of reports included in your subscription, over the 100th yearly report, CarCareers.com will charge immediately, OR with your monthly service fee, at the rate determined by your package Subscription, a fee of $75 per Background report, $75 per MVR record or $125 per Background With MVR report for those reports that you ordered over the 100 reports per year included in your Subscription package. All payments must be made in US currency.  Any undisputed amounts due to CarCareers.com under this Agreement not received by the date due will be subject to a late fee of 10% per month, or the maximum charge permitted by law, whichever is less. In the event that your payment method, ACH debit card or credit card cannot be processed after two attempts within 7 days of the due date, you will be subject to a $30 NSF fee added to the balance due. You agree to pay any reasonable attorneys’ fees required for collection of late payment.

   Cancellation Policy
   This Agreement is between CarCareers.com and you, is for a minimum 12 month period. If you wish to cancel your Subscription at the end of your 12 month term, you must contact CarCareers.com in writing (billing@carcareers.com), at least 30 days in advance of your renewal date, with your cancellation request. Early cancellation prior to the end of your 12 month subscription will result in the total number of reports ordered in the last 90 days, or the entirety of all reports ordered, if the time period has been less than 90 days, reverting back to the fees of $75 per Background report and $75 per MVR record and an invoice for the balance due after the fee adjustments will be provided to you, and CarCareers.com will process your ACH debit or credit card for the invoice amount due. In the event that your payment method, ACH debit card or credit card cannot be processed after two attempts within 7 days of the due date, you will be subject to a late fee of 10% per month, or the maximum charge permitted by law, whichever is less and a $30 NSF fee will be added to the balance due. You agree to pay any reasonable attorneys’ fees required for the collection of early cancellation fees.

3. USE OF REPORTS

   Your Certifications. When requesting and using Reports, You must comply with all Laws, including but not limited to the FCRA, anti-discrimination Laws, and state Laws. You are solely liable for Your failure to do so. You certify and agree:

   1. To request and use each Report only for the permissible purpose(s) to which You certified in each applicable order and for which You are permitted by Law to use such Report;
   2. To use each Report for only a one-time use (e.g., You may use a Report to determine eligibility for employment, but You may not later use that same Report to determine eligibility for promotion);, and to use each Report within 30 days of completion date;
   3. To develop and follow reasonable procedures to comply with Laws and for the fair and equitable use of Background Information and Reports, as required by applicable equal opportunity and fair chance hiring Laws;
   4. To make adverse action decisions only in compliance with applicable Law;
   5. To strictly comply with the Security Obligations with respect to Reports and related information;
   6. To hold the Reports in strict confidence and not disclose the Reports, unless required by Law, to any third parties;
   7. To comply with and provide all statutorily required notices in FCRA and other state laws when using the Background Information and Reports;
   8. To maintain up-to-date compliance locations with each Report request, based on your applicable package configuration and account segmentation, and ensure such information is correctly reflected in the Platform;
   9. To maintain complete and accurate records of all required consents, authorizations and disclosure forms of each Consumer You requested a Report for, as required by Law, and make these records available to CARCAREERS.COM and/or it’s Industry Partner upon request, including any CARCAREERS.COM or Industry Partner’s Forms that You have adopted and approved for Your own use; and
   10. To obtain the Consumer’s consent to receive from You and from CARCAREERS.COM and it’s Industry Partner, as applicable, any legal or other notices and communications electronically, including by SMS message, and to obtain such consent in compliance with U.S. Electronic Signatures in Global and National Commerce Act of 2000.

   California Certification As applicable to You or the Report that You request, You hereby certify that, under the Investigative Consumer Reporting Agencies Act (“ICRAA”), California Civil Code Sections 1786 et seq., and the Consumer Credit Reporting Agencies Act (“CCRAA”), California Civil Code Sections 1785.1 et seq., if You are located in the State of California, and/or Your request for and/or use of Reports pertains to a California resident or worker, You certify to all of the following:

   1. When, at any time, Reports are sought for Employment Purposes, unless a legal exception otherwise applies, You have provided a clear and conspicuous disclosure in writing to the Consumer, which solely discloses:
      1. that an Investigative Consumer Report may be obtained;
      2. the permissible purpose of the Investigative Consumer Report;
      3. that information on the Consumer’s character, general reputation, personal characteristics and mode of living may be disclosed; and
      4. the name, address, telephone number, and website of the Consumer Reporting Agency conducting the investigation; and
      5. the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code Section 1786.22.
   2. When, at any time, Reports are sought for Employment Purposes, unless a legal exception otherwise applies, You agree to only request a Report if the applicable Consumer has authorized in writing the procurement of the Report.
   3. In accordance with California Civil Code Sections 1786.16(a)(5) and (b), You agree to provide a means by which the Consumer may indicate on a written form, by means of a box to check, that he/she wishes to receive a copy of any Reports that are prepared. If the Consumer wishes to receive a copy of the Report, You shall send (or contract with another entity to send) a copy of the Report to the Consumer within three business days of the date that the Report is provided to You. The copy of the Report shall contain the name, address, and telephone number of CARCAREERS.COM’s Industry Partner, First Advantage, who issued the report, and how to contact CARCAREERS.COM’s Industry Partner, First Advantage.
   4. Under all applicable circumstances, comply with California Civil Code Sections 1785.20 and 1786.40 in the taking of adverse action, which shall include, but may not be limited to, advising the Consumer against whom an adverse action has been taken that the adverse action was based in whole or in part upon information contained in the Report, informing the consumer in writing of Your name, address, and telephone number, and provide the Consumer of a written notice of his/her rights under the ICRA and the CCRAA.

   Massachusetts Criminal Record Information Policy. Policy. As applicable to You or the Report that You request, You hereby certify that, under the Commonwealth’s Criminal Offender Record Information (“CORI”) law, if You are located in the State of Massachusetts, and/or Your request for and/or use of Reports pertains to a Massachusetts resident or worker, You certify to all of the following:

   1. Before asking a Consumer about their criminal records, You will provide a Consumer with copies of these records if You are in possession of such records;
   2. That before taking adverse action based, in whole or in part, on criminal history records, You will notify the Consumer of the potential adverse employment decision by sending required pre- adverse and adverse action notices and any other applicable notices. The pre-adverse action notice will include the criminal history records, the sources of the records, a copy of Your CORI policy, and a copy of information from the state agency about the process for correcting a criminal record; and
   3. That You will also provide the Consumer with an opportunity to dispute the accuracy of the criminal history records by waiting at least five business days before taking final adverse action.

   International Background Screenings. If offered as a service, and as applicable to You and Your Report requests, You certify that You comply with all international Laws, including but not limited to the GDPR and any regulation belonging to the country in which the Consumer currently resides or will be employed within. In addition to all other applicable certifications in this Section 3, You certify and agree:

   1. To take into consideration the nature, scope and context of the purpose to which You certify in each applicable Order, and to only request screenings that are directly relevant and necessary to the certified purpose;
   2. To only request screenings when a lawful basis of processing can be relied upon; and
   3. To limit use of Background Information to the purpose to which You certify in each applicable Order.

   Employment Purposes. If You use or request a Report for Employment Purposes, You certify and agree:

   1. You will not request a Report for Employment Purposes unless:

      1. A clear and conspicuous disclosure has been made in writing to the Consumer by You before the Report is obtained, in a document that consists solely of the disclosure that a consumer report may be obtained for Employment Purposes;
      2. The Consumer has authorized in writing the procurement of the Report; and
      3. Information from the Report will not be used in violation of any employment opportunity laws.
   
   

   2. You further certify that before taking adverse action in whole or in part based on a Report for Employment Purposes, you will provide the Consumer with:

      1. A copy of the Report for Employment Purposes, as applicable;
      2. A copy of the Consumer’s rights, in the format approved by the Consumer Financial Protection Bureau; and
      3. The required pre-adverse action notice and any other assessment forms or notices required by applicable Law.
   3. That each time You order or access a Report for Employment Purposes, You are reaffirming the certifications in 3.1, 3.2, 3.5(a), and 3.5(b).
   4. That You understand that CARCAREERS.COM’s Industry Partner will not initiate a Report for Employment Purposes in the absence of a written authorization.
   5. You shall request a Report for Employment Purposes pursuant to procedures prescribed by CARCAREERS.COM’s Industry Partner from time to time only when You are considering the individual inquired upon for employment, promotion, reassignment or retention as an employee or contractor, and for no other purpose
   6. You shall request a Report for Employment Purposes pursuant to procedures prescribed by CARCAREERS.COM’s Industry Partner from time to time only when You are considering the individual inquired upon for employment, promotion, reassignment or retention as an employee or contractor, and for no other purposeYou shall request a Report for Employment Purposes pursuant to procedures prescribed by CARCAREERS.COM’s Industry Partner from time to time only when You are considering the individual inquired upon for employment, promotion, reassignment or retention as an employee or contractor, and for no other purpose
   7. That while CARCAREERS.COM’s Industry Partner shall make commercially reasonable efforts to notify You of a failure to deliver any notices, authorizations, disclosures, pre-adverse or adverse action letters, You understand that the use of CARCAREERS.COM’s Industry Partner’s Platform, including without limitation, the adverse action features, does not relieve You of Your responsibilities under Section 3.5. In the event CARCAREERS.COM’s Industry Partner notifies You of a delivery failure for any notice or adverse action letter, You understand that it is Your responsibility as an end user to monitor and complete deliverability or take any other appropriate action necessary to complete Your required obligations.

   MVR Purposes This Section shall apply if and only if You elect, in Your sole discretion, to receive MVRs and/or driving records. If You request MVRs and/or driving records, You certify and agree:

   1. That You are ordering the MVRs and/or driving records in strict compliance with the Driver Privacy Protection Act (“DPPA”, at 18 U.S.C. § 2721 et seq.), if it applies, and any applicable state Laws.
   2. You have the Consumer’s written consent to obtain “driving records” and MVRs, and have stored original copies of such consents for audit by MVR regulators if they so request, or have otherwise satisfied this obligation (e.g., Consumer consent secured via the Platform).
   3. You will only use this MVR 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 the Consumer.
   4. You will not transmit any data contained in the MVR via the public internet, email or any other unsecured means.
   5. That default MVR filters are made available as a reference solely for Your efficiency, and Your use of such MVR filters means that You have reviewed and approved such categories.

   Investigative Reports. If You request an Investigative Consumer Report, You certify and agree:

   1. That You have clearly and accurately disclosed to the Consumer, not later than three days after the date on which the Investigative Consumer Report was first requested, that:

      1. an Investigative Consumer Report including information as to his or her character, general reputation, personal characteristics and mode of living may be made; and
      2. the Consumer has the right to request a complete and accurate disclosure of the nature and scope of the investigation requested (“Investigative Report Disclosure”).
   2. The Investigative Report Disclosure shall include a copy of the Consumer’s rights, in the format approved by the Consumer Financial Protection Bureau.
   3. If the Consumer makes a written request within a reasonable amount of time after receipt of the Investigative Report Disclosure, You will make a complete and accurate written disclosure of the nature and scope of the investigation requested. This information will be provided to the Consumer no later than five (5) days after the request for such disclosure was received from the Consumer or such Report was first requested, whichever is the later.

   Customer Rules Criteria. This Section shall apply if it is a service offered and only if You elect, in Your sole discretion, to implement and/or customize Rules Criteria

   1. To the extent You elect to implement and/or customize Rules Criteria and to the extent permitted by Law, You authorize CARCAREERS.COM’s Industry Partner to apply such Rules Criteria to the information contained in a Report in order to facilitate Your adjudication process provided that, You acknowledge and agree that You are solely responsible for:

      1. Your Rules Criteria and for any decisions taken based on Your Rules Criteria;
      2. determining when and whether to apply the outcomes from the application of Your Rules Criteria to Your evaluation of a Report;
      3. reviewing the content of the Reports in the manner and method prescribed by applicable Law, including, but not limited to, conducting and/or documenting individualized assessments and performing final adjudications on all Reports; and
      4. ensuring that Your utilization of the Rules Criteria in evaluating the Reports and in Your final adjudication is in compliance with all applicable Laws. You acknowledge and agree that CARCAREERS.COM’s Industry Partner shall not be liable for any application of Your Rules Criteria, and that application of Your Rules Criteria is deemed to be purely clerical in nature and shall be performed by CARCAREERS.COM’s Industry Partner on Your behalf. You further acknowledge and agree that: CARCAREERS.COM’s Industry Partner is not authorized to make any decision regarding employment, or any other decision on Your behalf, based on the information contained in a Report.
   2. You certify that You have reviewed Your Rules Criteria to ensure that they comply with applicable Law, and that You will regularly update such criteria in order to ensure Your ongoing and continued compliance with applicable Law.
   3. With each order for a Report, You reaffirm the statements in 3.5(a) and certification in 3.5(b) above.
   4. You certify and agree that the application and/or customization of a Rules Criteria is made available as a reference solely to facilitate Your adjudication obligations and Your use of such Rules Criteria means that You have reviewed and approved CARCAREERS.COM’s Industry Partner’s classification of record categories and that You adopt the Rules Criteria as Your own.

   Drug Tests. This Section shall apply if and only if it is offered as a service and You elect, in your sole discretion, to order drug tests. CARCAREERS.COM’s Industry Partner will arrange for drug tests as You may request and will include the results of those tests received from drug test providers in Reports. You understand and represent that any drug test You may request or require is requested in accordance with any applicable federal, state, or local law, including the FCRA, if applicable. Drug tests will be performed by third-party vendors in accordance with directions received by You.

   By entering into this Agreement and/or creating an Account, You are certifying that You have direct knowledge of the facts You are certifying to herein and certify and agree to the following:

   • You certify that You will order and use the Reports only for

     1. employment purposes, as defined by the FCRA, including hiring and promotion decisions, or
     2. the permissible purpose You selected when creating Your Account.

     Prior to ordering any Reports, you must obtain the Consumer’s written authorization and use reasonable steps to verify that all Consumer personal information transferred to CARCAREERS.COM’s Industry Partner is accurate and belongs to the Consumer for whom a Report is being requested. You certify that You will notify CARCAREERS.COM and it’s Industry Partner immediately if Your permissible purpose change(s) for any reason. You acknowledge and agree that the Reports do not verify a Consumer’s identity on your behalf. You also certify that You are the business type stated in Your Account, have a need for consumer credit information in connection with your stated permissible purpose, and are in compliance with any additional state and local requirements for obtaining and using consumer credit information. Each time You order or access a Report, you reaffirm the certifications of the Agreement. See Section 3 of the Agreement for further requirements.

   • While You acknowledge sole responsibility for compliance with any state and/or local regulations that require that a copy of the Report be provided to the Consumer upon request, to the extent the Consumer has requested a copy through CARCAREERS.COM’s Industry Partner’s Platform, or otherwise configured Your account to do so, You authorize CARCAREERS.COM’s Industry Partner to provide on your behalf a copy of the Report to each Consumer about whom You have requested a Report, to the email address provided by the Consumer.

   • You acknowledge receipt of and certify that You have reviewed and fully understand the following three statutory notices:

     1. Summary of Your Rights Under the Fair Credit Reporting Act (16 C.F.R. Part 601) located at https://files.consumerfinance.gov/f/documents/bcfp_consumer-rights-summary_2018-09.docx
     2. Remedying the Effects of Identity Theft located at https://www.consumerfinance.gov/about-us/newsroom/bureau-consumer-financial-protection-issues-updated-fcra-model-disclosures/
     3. Notice to Users of Consumer Reports (16 C.F.R. Part 601) located at https://www.gpo.gov/fdsys/pkg/CFR-2012-title12-vol8/pdf/CFR-2012-title12-vol8-part1022-aNotice to Users of Consumer Reports (16 C.F.R. Part 601) located at https://www.gpo.gov/fdsys/pkg/CFR-2012-title12-vol8/pdf/CFR-2012-title12-vol8-part1022-appN.pdf

   Notice of Penalty Under the FCRA. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18 OF THE UNITED STATES CODE OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

   Not Legal Advice. CARCAREERS.COM, or it’s Industry Partner, do not, and cannot, provide legal advice or other compliance related services to You or guarantee Your compliance with Laws in your use of the Platform or Reports. You understand that any documents, information, conversations or communication with CARCAREERS.COM’s or It’s Industry Partner’s representatives regarding searches, verifications or other services offered by CARCAREERS.COM’s Industry Partner are not to be considered a legal opinion regarding such use.  You agree to consult with your own legal counsel

   1. about the use of Rules Criteria and background screening information, including but not limited to, the legality of using or relying on reported information, and
   2. to review any forms as well as the content of prescribed notices, adverse or pre-adverse action letters and any attachments to this Agreement for compliance with all Laws.
   You agree that the provision of such notices, pre-adverse or adverse action letters and the contents thereof is Your sole responsibility.  You acknowledge and agree that You have no obligation to use, and are solely responsible for independently vetting the contents of, any sample forms that CARCAREERS.COM’s Industry Partner has provided to You.

4. LIMITATION OF LIABILITY

   NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING LOSS OF REVENUE OR PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY OR ERROR IN THE CONTENT, EVEN IF SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN (WHICH SHALL BE SUBJECT TO THE LIMITS SET FORTH BELOW), IN NO EVENT WILL EITHER PARTY’S CUMULATIVE AND AGGREGATE LIABILITY AND DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS YOU ACTUALLY PAID DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. EACH PARTY’S AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000) IN THE AGGREGATE. RECOVERY OF THIS AMOUNT IS YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER AND THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF THE THEORY OF LIABILITY. THE PARTIES AGREE THAT THE LIMITATIONS AND DISCLAIMERS OF LIABILITY UNDER THIS SECTION CONSTITUTE A FUNDAMENTAL BASIS OF THEIR BARGAIN.