Verifier User Agreement
Employment and Income Verification
End User Terms & Conditions
Please read the terms and conditions below carefully. By clicking the “I Accept” button and by using all or any portion of the employment verification system or service you accept all the terms and conditions of this Verifier User Agreement (“Agreement”), including without limitation the restrictions on the scope of use of the information contained and provided by EmpInfo.
EmpInfo hereby grants to you, for the terms of this Agreement, a nonexclusive, nontransferable, royalty-free, limited license to use the EmpInfo Employment Verification System subject to any policies promulgated by EmpInfo regarding the use of the EmpInfo Employment Verification System. EmpInfo may at any time and at its discretion terminate this license. Users and their employers shall have no implied licenses, nor shall an implied license be deemed to be granted. EmpInfo hereby reserves any and all rights not expressly granted herein.
End-User (“user”) certifies that it will order data from the service only when the user intends to use the data in accordance with the Fair Credit Reporting Act (“FCRA”) and all state law FCRA counterparts as a consumer report. The user must have a permissible purpose under the FCRA to obtain a consumer report. Section 604 of the FCRA contains a list of the permissible purposes under the law. These are:
- As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
- As instructed by the consumer in writing. Section 604 (a)(2)
- For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer’s account. Section 604 (a)(3)(A)
- For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
- For the underwriting of insurance as a result of an application from a consumer. Section 604 (a)(3)(C)
- When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)F()(i)
- To review a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
- For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
- For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5).
Users must provide the reporting agency with the permissible purpose for which the report is being obtained and certifies that the report will not be used for any other purpose.
Users confirm that the reporting agency has provided you and you have read the Consumer Financial Protection Bureau’s “Notice to Users of Consumer Reports: Obligation of Users under the FCRA” (available at http://www.empinfo.com/docs/Notice-to-Users_Obligations-of-Users.pdf), which appears at 12 C.F.R. part 1022 appendix N and which explains many of your duties under the FCRA. Users confirm that the reporting agency has provided you and you have read the Consumer Financial Protection Bureau’s “A Summary of Your Rights Under the Fair Credit Reporting Act” (the “Summary of Rights”), which appears at 12 C.F.R. part 1022 appendix K and which explains to the consumers many of the consumer’s rights under the FCRA.
Users must notify consumers when adverse actions are taken. Users must provide consumers a copy of their report obtained and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act” when adverse actions are taken. Adverse action includes all business, credit, and employment actions affecting consumers that can be considered to have a negative impact such as denying or canceling credit insurance or denying employment or promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the employee.
LIMITATION OF LIABILITY:
EmpInfo and its affiliates shall not be liable for any indirect, incidental, contingent, consequential, punitive, exemplary, special, or similar damages including but not limited to, loss of profits or loss of data whether incurred as a result of negligence or otherwise irrespective of whether EmpInfo has been advised of the possibility of the incurrence by the user or any third party of any such damages. EmpInfo’s liability damages incurred in connection with services provided pursuant to the Agreement, including as a result of any negligence on the part of the EmpInfo or its affiliates shall not exceed the amount paid If by the user to EmpInfo for the service giving rise to such damages. Further, EmpInfo will have no liability for any cause of action against EmpInfo which became known to the user or should have been known by the user with a reasonable investigation, within two years from the expiration or termination of the Agreement but the client failed to provide actual notice to EmpInfo within such two-year period after the expiration or termination of the Agreement.
DISCLAIMER OF WARRANTIES:
All services are provided “AS IS”. EmpInfo and its affiliates make no and disclaim any and all warranties and representations with respect to the service, provided pursuant to employment verification system and the Agreement, whether such warranties and representations are express or implied in fact or by operation of law or otherwise contained in or derived from the Agreement, employment verification system, or any other materials or communications whether oral or written, including without limitation implied warranties of merchantability and fitness for a particular purpose and implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any service or report, including but not limited to consumer reports (as that term is defined in the Fair Credit Reporting Act). Furthermore, EmpInfo and its affiliates expressly disclaim that the services will meet the user’s needs, or that service will be provided on an uninterrupted basis and EmpInfo expressly disclaims all such representations and warranties.
Users in good standing, as determined by EmpInfo, will be given the authority to access the Employment Verification system to among other items, access, review, and dispute employment and income verification reports. Users and their employers shall not exercise any ownership, or other rights of use of the employment verification system including without limitation, the sale or resale, use, licensing, assembling or evaluation of the employment verification system. Users shall not give access to the employment verification system to any other individuals. Users shall not compile store or in any way create their own database of information obtained via the employment verifications system or EmpInfo’s services. User certifies that it shall hold the information in strict confidence and not disclose the information obtained from EmpInfo’s services or the employment verification system to any party not involved in the current permissible purpose.
EmpInfo may terminate this Agreement (by providing notice) if it determines any violation of this Agreement. The parties agree that any disputes arising under this Agreement shall be resolved in the state and federal courts located in San Jose, California.