Terms of Service

Acceptance of Terms

Welcome to BackgroundPro. These Terms of Service ("Terms") govern your access to and use of our website, platform, and background screening services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Description of Services

BackgroundPro provides employment background screening services, including but not limited to:

• Criminal record searches (county, state, federal, and national)
• Employment and education verifications
• Motor vehicle record checks
• Drug testing coordination
• Identity verification
• Reference checks

Our Services are intended for lawful employment screening purposes in compliance with the Fair Credit Reporting Act (FCRA) and other applicable laws.

Eligibility and Account Registration

To use our Services, you must:

• Be at least 18 years of age
• Have a legitimate, lawful business purpose for obtaining background screening reports
• Complete our credentialing process
• Agree to comply with all applicable laws, including the FCRA

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

FCRA Compliance

As a consumer reporting agency under the Fair Credit Reporting Act (FCRA), BackgroundPro requires all clients to:

• Certify a permissible purpose for each background check request
• Provide required disclosures and obtain proper authorization from applicants before ordering reports
• Follow pre-adverse and adverse action procedures when taking negative employment actions based on report information
• Not use reports for any purpose other than the certified permissible purpose
• Comply with all applicable federal, state, and local laws

For detailed information on FCRA requirements, please see our FCRA Notice.

Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Services for any purpose not permitted by the FCRA or other applicable laws
• Obtain consumer reports without a permissible purpose
• Share or resell consumer reports to unauthorized third parties
• Use the Services to discriminate against any individual based on protected characteristics
• Attempt to gain unauthorized access to our systems or data
• Interfere with or disrupt the Services or related infrastructure
• Upload malicious code or content
• Violate any applicable laws or regulations

Fees and Payment

You agree to pay all fees associated with your use of the Services as specified in your service agreement or the applicable pricing schedule. Fees are:

• Due upon completion of each screening request unless otherwise agreed
• Non-refundable once a search has been initiated
• Subject to change with 30 days' prior notice

Overdue payments may be subject to late fees and may result in suspension of Services.

Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, software, and the overall design, are owned by BackgroundPro or its licensors and are protected by intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

Confidentiality

You acknowledge that consumer reports and related information obtained through our Services are confidential. You agree to:

• Maintain appropriate security measures to protect such information
• Limit access to authorized personnel with a need to know
• Not disclose consumer report information except as permitted by law
• Properly dispose of consumer reports in accordance with applicable laws

Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

While we strive to provide accurate and up-to-date information, we do not guarantee the completeness, accuracy, or timeliness of any data returned by our searches. Background check data is obtained from third-party sources and public records, which may contain errors or omissions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKGROUNDPRO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless BackgroundPro and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws, including the FCRA
• Your violation of any third-party rights

Termination

Either party may terminate these Terms upon written notice. We reserve the right to suspend or terminate your access to the Services immediately if:

• You violate these Terms or applicable laws
• You fail to pay fees when due
• We receive credible information suggesting misuse of the Services
• Required by law or legal process

Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination will remain in effect.

Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law. You agree to waive any right to participate in class action lawsuits or class-wide arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of law provisions.

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the effective date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

Contact Us

If you have questions about these Terms, please contact us: