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SentryLink LLC shall be known as "The Site" in this agreement. In order to access any of the data that The Site resells, users must agree to all of the following terms and conditions.
1. I agree to pay for responses returned from my queries of "Criminal Searches" even if said responses include no records found.
A) I acknowledge that the price of each search is for one individual search only.
2. The materials on this Site and the data resold by The Site are transmitted and distributed "as is" and appear on The Site and in The Site's reports without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose. SentryLink makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Site or in data resold by The Site.
3. I understand that all information re-sold by SentryLink is compiled from public records obtained from state, local, and federal government offices and may not be 100% complete or accurate.
4. I have read the descriptions of the vendor databases used for SentryLink criminal reports subject to this Agreement included in the Coverage section within The Site or attached hereto and understand the depth and/or limitations of the contents of each database.
5. Some of the information reported by The Site or obtainable from database records resold by The Site, including all criminal records, constitutes personal information that is regulated by the Fair Credit Reporting Act (FCRA). The provisions of the FCRA can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm. The Site complies with certain provisions of the FCRA, including:
A) Section 607(d), which requires that we provide clients with a prescribed notice of their duties as users of consumer reports under the FCRA. Those duties are set forth at http://www.ftc.gov/sites/default/files/documents/one-stops/credit-reporting/pdf-0096-fair-credit-reporting-act.pdf and are hereby being provided to you;
B) Section 609, which imposes the requirement that CRAs disclose all the information in their files on a consumer upon request; and
C) Section 604, which limits the purposes for which information may be provided. Since we do not know the reasons why our customers want access to the data resold by us, we rely upon certifications provided by our clients that the information is sought to be used for (or to be provided for) employment purposes; tenant screening purposes; purposes related to a business transaction initiated by the consumer; other permissible purposes as defined by the FCRA (Section 604 outlines all of the permissible purposes in detail); and no other purpose.
6. For reports used in employment screening, I certify that I have obtained written permission from the applicant to obtain this report. I agree to provide SentryLink with the mailing address and e-mail address of the report subject upon request. This address will be used by SentryLink for legal reasons only. Upon failure to provide a mailing address and e-mail address, SentryLink reserves the right to withhold the report without a refund.
7. I agree not to use the data resold by The Site for any unlawful purposes, including violations of state and federal employment laws or regulations, including specifically, all applicable provisions of the FCRA. I hereby certify that the information I obtain from the site will be used by me for "permissible purposes" as defined in the FCRA.
8. These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Maryland, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Prince George's County, Maryland for all legal actions related to The Site, data resold by the The Site, or this Agreement. This Agreement constitutes the entire Agreement between SentryLink, SentryLink and you, and it supercedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic. If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force.
10. I AGREE TO INDEMNIFY AND HOLD HARMLESS SENTRYLINK, AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED BY SENTRYLINK IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE.
11. I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND/OR DATA RESOLD BY THE SITE IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT SENTRYLINK WILL NOT BE RESPONSIBLE TO ME OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES INCURRED IN CONNECTION WITH MY USE OF THE SITE OR DATA RESOLD BY THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF SENTRYLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
12. I make each of the above statements and certifications with respect to me personally, as well on behalf of my employer.
13. I have received (by virtue of clicking the hyperlink set forth in 5A above) the prescribed notice of my duty as a user of a consumer report under the FCRA.