User Agreement and Terms of Service
SentryLink LLC shall be known as "The Site" in this agreement. In
order to access any of the data that The Site provides, users must agree to all of the following
terms and conditions.
- The information reported by The Site constitutes personal
information that is regulated by the Fair Credit Reporting Act (FCRA). The
provisions of the FCRA can be found here.
The Site complies with 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 Obligations of Users Under the FCRA
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. 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.
- 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.
- 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 certify that the information I obtain from The Site will be used by me
exclusively for "permissible purposes" as
defined in the FCRA.
- I agree to pay for responses returned from my queries of "Criminal
Searches" even if said responses include no records found.
- I acknowledge that the price of each search is for one individual
- I understand that reports may take time to be completed and verified, and that SentryLink
incurs court fees and other expenses in fulfilling the report. Court delays may happen which are
outside of SentryLink's control and no refund will be due in this case.
- 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.
- I understand that all information re-sold by SentryLink
is based on public records obtained from state, local, and federal
government offices and may not be 100% complete or accurate.
- 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.
- 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.
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.
- SentryLink reserves the right to change the fees charged for the use of
time for any reason.
- 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.
- 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.
- I have received (by virtue of clicking this
the prescribed notice of my duty as a user of a consumer report under the FCRA.
Additional FCRA Certifications for Employment-Related Checks
I, the "End-User" certify as follows:
- A clear and conspicuous disclosure has been made in writing to the consumer by End-User
(in a document that consists solely of the disclosure) stating that a consumer report may be
obtained for employment purposes;
- The consumer has authorized in writing the procurement of the consumer report that is being ordered;
- Information from the report to be provided by The Site will not be used in
violation of any applicable Federal or State equal employment opportunity law or regulation,
or any other applicable law; and
- If applicable, End-User will comply with the adverse action requirements described
in Section 604(b)(3) of the Fair Credit Reporting Act, as well as any other pertinent adverse action
Additional FCRA Certifications for California
To the extent that that the consumer about which you are ordering a report resides in California,
is applying to work in California, or presently works in California, you, the "End-User",
certify that you have met all California legal requirements for obtaining an investigative consumer report
from The Site. Among other things, you certify that:
- A clear and conspicuous written notice has been provided to consumer that is the subject of the report
(in a document that consists solely of the disclosure) specifying: (1) that an investigative consumer report
may be obtained; (2) End-User's permissible purpose for receiving the report; (3) that the report may include
information on the consumer's character, general reputation, personal characteristics, and mode of living;
(4) SentryLink LLC's name, address, and telephone number; (5) the nature and scope of the investigation
requested, including a summary of the provisions of Cal Civ. Code. 1786.22; and (6) SentryLink LLC's
website address (so the consumer can find more information about SentryLink LLC's privacy practices and whether
the consumer's personal information will be sent outside of the United States or its territories);
- You provided the consumer an opportunity to check a box on a document to indicate that he/she would
like a copy of the report, and such document included SentryLink LLC's name, address, and telephone number
and how to contact SentryLink LLC;
- You will provide a copy of the report to the consumer within three business days of receiving the
report from SentryLink LLC if the consumer checks the box requesting a copy of the report; and
- You will comply with Cal. Civ. Code 1786.40, if the taking of adverse action is a consideration.
I make each of the above statements and certifications with respect to
me personally, as well on behalf of my employer.