ESS Terms and Legal Disclaimer:
By providing your electronic signature and therefore purchasing and receiving a report of any kind from ESS you agree to the terms as follows:
1) You agree you are at least (18) years of age and have the legal authority to use this service in accordance with all terms and conditions set forth, and that all information provided by you is true and accurate and you are not requesting the information under false pretenses as you may be subjected to civil and criminal penalties.
2) You agree you understand that most of the information provided to you as a result of ANY search offered by ESS
a) comes from third-party public records which may contain errors and/or not always be accurate, up-to-date, or complete, through No Fault of ESS, and
b) is sometimes based on limited identification information, i.e. name and birth date.
Because of this, ABSOLUTE CERTAINTY that a located record applies to an individual with the same name and birth date is not possible. (Fingerprint records are used by law enforcement officials to confirm an individual’s identity; however, fingerprint records are not available to the public.) An apparent match of this record with an individual may be erroneous. Caution is urged even when your query seems to produce an accurate match.
3) You agree you will not assume the information obtained from ESS provides a complete or accurate history of any person’s criminal and/or public filing history. You agree to consult local, state, federal and international laws and regulations before using this information to make hiring, firing, leasing or selling decisions.
4) You agree not to use any information you receive from ESS in violation of any applicable local, state, federal or international law or regulation. You agree not to use the information to stalk, harass, injure, defame or slander others. You agree not to perform a search request on a public official, juvenile, and/or celebrity, as it is strictly prohibited.
5) You understand ESS assumes no liability for any claims for damages arising from the use of this data. You agree to indemnify, defend and hold harmless ESS, its affiliates, agents and employees from any and all claims, damages or liability whatsoever arising out of the services or data, as well as its successors and assigns, and any and all persons, business entities and governmental agencies, whether public or private, from any and all liability, claims and/or demands, by you, your heirs or personal representatives, successors, assigns, or others making such claim or demand on your behalf.
6) You acknowledge that any information or report which is covered by the FAIR CREDIT REPORTING ACT (FCRA) (15 USC section 1681, et seq. subsections 601-625 (Public Law 91-508)), DRIVERS PRIVACY PROTECTION ACT (DPPA) (18 USC section 2721 et. seq (Public Law 103-322)), and the GRAMM-LEACH-BLILEY ACT (GLBA) (15 USC, subchapter 1, sec. 6801-6809) will be requested and used by you in full compliance with the terms and intent of these Acts. You understand there are criminal penalties for willful violation of these Acts. To comply with these Acts you agree that the individual on whom you are doing an employment or tenant/buyer screening search has given you written permission to do so and you have, and will keep, their signed waiver authorizing you to conduct such screenings on file a minimum of three years from the date of inquiry. Unless you are performing an employment or tenant/buyer screening search and have the individual’s written permission to do so, under No other circumstances will you have access to ANY report covered under the above-referenced Acts.
7) ESS agrees to use its best means and efforts to fulfill your request quickly and efficiently. ESS will have no obligation or liability to you or any third party for any delay or failure of the delivery of its reports due to circumstances beyond its control, including, but not limited to, computer malfunction or telephone line failure, weather related problems, supplier performance, or Acts of God. To the fullest extent permitted by law, the information is provided “as is,” without warranty of any kind, express or implied.
8) REFUND POLICY. You agree you are responsible for entering all subject information correctly and completely as this is the only means to begin and complete the requested report. Once research has begun no refunds will be given for data entry errors or lack of information provided on your part. You also agree to be fully responsible for payment once research has begun whether you no longer need or want the information prior to receiving your report. And there are no refunds for no records found. We are paying for, and accessing, records controlled by third parties and reporting the results to you. Whether or not a record was found, we still have done the work necessary and expended the money to perform the requested search and provide you with a report.
9) ESS reserves the right to change these terms under which its services are offered at any time and without notice.
Private Investigative Agency License No. A2300376
PO Box 3882 Lantana, FL 33465 Call 561.533.0488 Fax 561.290.0588