The following are terms and conditions between PointHR Inc. a Texas Corporation (CORP) and You the User.
PO Box 271500
Flower Mound, TX 75027
General Information: 866-661-1500
The following are terms and conditions between PointHR Inc. a Texas Corporation, and You the User. PointHR.com is owned and operated by PointHR Inc., a Texas corporation, and for purposes of this agreement ("Agreement"), shall be known as "The Site". The Site provides access to its databases of criminal records, hands-on Court Records Information, Credit Reports, Motor Vehicle Records, and complete Employment Screening Services on a fee basis, as outlined below. In order to access any of said information or databases, users must agree to all of the following terms and conditions. To access these records, you must check 'AGREE' where indicated below. You will then be required to provide credit card information for payments or arrange a charge account with PointHR Inc, after which you may immediately begin using The Site or our Services.
1. I understand that I am liable for all payments charged to my account by me or anyone using my "Log in ID" and "Password" to access any area of The Site or submitting Orders to PointHR Inc.
2. I agree to pay for responses returned from my queries of "Criminal Searches" even if said responses include zero records.
3. The materials on this Site and the data in The Site's databases are transmitted and distributed "as is" and appear on The Site and in The Site's databases 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. PointHR Inc. makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Site or in The Site's databases.
4. I understand that, unless otherwise agreed to in a writing signed by PointHR Inc., The Site will charge me fees as posted on our website or in the signup email sent to me at the time of signup or as published on the Site. I can cancel my account at any time by written notice faxed, e-mailed or mailed certified mail return receipt requested to PointHR Inc., PO Box 271500, Flower Mound, TX 75027, tel: 866-661-1500 fax: (866) 661-1502 e-mail: info@PointHR.com; provided, however, I will remain liable for all charges accrued up to that time. I further understand that I am responsible for any expenses incurred by PointHR Inc. for the collection of charges incurred by my use of The Site or The Site's databases, including reasonable attorney's fees.
5. I understand that all information contained in and re-sold by PointHR Inc. is compiled from public records obtained from state, local and federal government offices and may not be 100% complete or accurate.
6. I have read the descriptions of the databases of PointHR.com criminal records subject to this Agreement included on each search page within The Site or attached hereto and understand the depth and/or limitations of the contents of each database or search.
7. Some of the information reported by The Site or obtainable from The Site's databases, 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/fcrajan2002.pdf. The Site arguably fits the definition of a "consumer reporting agency" (CRA) and is required to comply 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/os/statutes/2user.htm 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 provided in our databases, we rely upon certifications provided by our customers 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 ((a) of Section 604 outlines all of the permissible purposes in detail); OR that customers seek to use the reports from our criminal records for personal reasons that are in no way related to any business purpose.
8. I agree not to use the data obtained from The Site or The Site's databases for any unlawful purposes, including violations of state and federal employment laws or regulations, including specifically, all applicable provisions of the FCRA. I warrant that I will exercise reasonable precautions to ensure that, in cases where I re-sell criminal records from the site's databases, all users of said criminal records also shall abide by the provisions of the FCRA and all state and federal laws and regulations as pertains to the disclosure and use of criminal records delivered to them from the databases. I hereby certify that the information I obtain from the site or the site's databases will be used by me (and by any party to whom I furnish information obtained from this site) for "permissible purposes" as defined in the FCRA. In cases where I do not furnish the information or reports I obtain from this site to any other entity, then I will indicate that my use is for personal reasons only.
9. In relation to Motor Vehicle Records, Credit Reports, and any information used for Employment Screening Purposes:
a. Customer certifies to be in compliance with all applicable federal and state statutes and regulations including, but not limited to, the FCRA and its state analogues, the Driver's Privacy Protection Act, 18 U.S.C. § 2721 et seq., ("DPPA") and its state analogues, and statutes and regulations governing fair information practices.
b. Customer certifies that, upon request of PointHR Inc, it shall execute any and all certification forms required by states or entities from which the Customer receives any information obtained from PointHR Inc.
c. Customer shall be prohibited from selling, disseminating, or otherwise distributing any information obtained from PointHR Inc., in whole or in part, to any third party. Customer shall order, receive, and use any information obtained from PointHR Inc. solely as an end user.
d. If Customer uses any information obtained from PointHR Inc. to take adverse action against a consumer, Customer will notify, in writing, the adversely affected individual, specifying that the information obtained from PointHR Inc. influenced the employment decision. Further, Customer must provide the adversely affected individual with the PointHR address and toll-free national telephone number such that PointHR Inc. can make full disclosure of any information reported or held by PointHR Inc. on said consumer.
10. In relation to Criminal Records Searches:
a. Our Best Practices Criminal Search consists of the Social Security Address Trace Report, The NationCheck, and County and Federal Courts wherever the applicant has lived in the last 10 years. This is our recommended search to obtain the most complete picture of your applicant history in a reasonable and practical manner.
b. PointHR strongly cautions any company using a database search as its sole screening method. This search is the primary Product large data compiler/”screening” companies are selling. Incomplete records or records that are not in the database represent a significant risk to your company. Theses searches are excellent for filling in the gaps but not as a standalone search. For the most complete search we recommend the NationCheck combined with our Hands-On CountyCheck.
c. Statewide Repositories are an excellent tool to use in addition to county level searches. Most are available as part of our NationCheck and others are accessible only as a non-instant search. The strength of this search is that it allows you to get a thumbnail sketch of the entire state. The weakness of this search is that No Repository has a Database that is 100% Accurate. Therefore, we only recommend performing a Statewide Repository Search to Complement County Court Searches.
d. County Courts: All Criminal Justice Starts At The County Level - A County Search, although limited in it's geographic scope, may be the only way to obtain the most accurate and up to date information. The county criminal search is the basic building block of any background check program.
e. Federal Courts: Federal criminal records show criminal complaints brought by the U.S. government against defendants for violations of federal criminal law. The Federal court system is totally separate from the State and County court systems. If your are interested in a complete and thorough background check, federal searches are a must.
11. These terms and conditions are governed by and shall be construed in accordance with the laws of the state of Texas, without regard to conflicts of law provisions. You hereby consent to the exclusive jurisdiction of and venue of the courts in Denton County, Texas for all legal actions related to The Site, The Site's databases, or this Agreement. This Agreement constitutes the entire Agreement between PointHR Inc., and you, and it supersedes 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.
13. I AGREE TO INDEMNIFY AND HOLD HARMLESS PointHR INC., AND ITS OFFICERS, DIRECTORS AND EMPLOYEES FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES AND EXPENSES INCURRED BY PointHR INC. IN DEFENDING ANY CLAIM FOR DAMAGES) RESULTING FROM INFORMATION DERIVED FROM SEARCHES I PERFORMED ON THE SITE OR THE SITE'S DATABASES, OR ORDERS FOR SERVICES PLACED WITH COUIRT CHECK INC.
14. I UNDERSTAND AND AGREE THAT MY USE OF THE SITE AND\OR THE SITE'S DATABASES IS ENTIRELY AT MY SOLE RISK. I UNDERSTAND AND AGREE THAT PointHR INC. 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 THE SITE'S DATABASES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PointHR INC. or PointHR.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
15 I make each of the above statements and certifications with respect to me personally, as well on behalf of my employer and any other person or entity to which I provide reports or information based on data obtained from The Site's databases. I have the authority to act on behalf of all such other persons or entities in making these statements and certifications.
16. I have received (as a printed attachment or by virtue of clicking the hyperlink set forth in 7 A) above) the prescribed notice of my duty as a user of a consumer report under the FCRA.
17. In cases where I (or my agent or employer) provide a third party with information obtained by me from The Site or The Site's databases, I will provide all such third parties with the prescribed notice of their duties as a user of a consumer report under the FCRA.
18. In cases where I (or my agent or employer) re-sells any of the information I obtained from The Site or The Site's databases, I will, within twenty-four (24) hours of furnishing a report which contains information obtained from PointHR Inc., The Site or The Site's databases, disclose to PointHR Inc. (via mail, fax or email directed to one of the addresses specified in 4. above):
a. The identity of the end-user of the report (or information); and
b. Each permissible purpose under section 604 of the FCRA for which the report is furnished to the end-user of the report (or information).FAILURE TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT WILL RESULT IN TERMINATION OF USER'S ACCOUNT!
19. PointHR Inc respects the privacy of our clients and visitors.
a. For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address.
b. We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of our Web page, used to notify consumers about updates to our Web site & not shared with other organizations for commercial purposes.
c. From time to time PointHR Inc. will contact or communicate with all registered users via telephone, mail, emails and/or faxes. By registering with our site or signing this agreement you specifically give us permission to communicate and contact you under the requirements of The Can-Spam Act of 2003, Telephone Consumer Protection Act of 1991, The National Do Not Call Registry, or updated and/or related Acts, Laws, or Versions.
d. With respect to cookies: We do not set any cookies.
e. If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
f. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line or information specifically regarding our services.
20. Fees and refunds
a. PointHR Inc. operates on a prepaid/retainer basis.
b. At time of registration, the CLIENT credit card will be authorized to certify identity and payment ability.
c. Payment for all Orders placed in any manner with PointHR is due and payable upon placing the order or as arranged on a per client basis.
d. For any fees outstanding CLIENT hereby gives permission to charge the CLIENT credit card on file.
e. I understand that I am purchasing services for which work will begin immediately. For this reason refunds or cancellations are only possible within the same business day as the order is placed by 4:00pm central standard time.
f. There are no Refunds for any services provided by PointHR Inc. beyond this time.
g. CLIENT agrees to waive their chargeback rights and/or waive rights to dispute charges placed on the CLIENT Credit Card and agrees to binding arbitration through The American Arbitration Association with a venue of Denton County Texas for any and all disputes to this contract or transactions between the parties of this agreement.
h. In the event of any disagreement or dispute relating to this contract, charges or the services described herein between CLIENT and PointHR Inc., PointHR Inc. reserves the right to suspend service pending a complete investigation and resolution.
i. PointHR Inc. reserves the right to discontinue service or significantly change the service provided without notice.
j. LIMITATIONS OF LIABILITY- PointHR INC’S LIABILITY FOR DAMAGES OR INDEMNITY UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED PER CLAIM AND IN THE AGGREGATE THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO PointHR INC UNDER THIS AGREEMENT. IN NO EVENT WILL PointHR INC OR CUSTOMER BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA, USE, ANY OTHER ECONOMIC ADVANTAGE, INCURRED BY PointHR INC OR CLIENT ARISING OUT OF OR RELATING TO THE AGREEMENT, UNDER ANY THEORY OF LIABILITY, WHETHER IN AN ACTION IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF PointHR INC OR CLIENT, RESPECTIVELY, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
This authorization is valid for payment of invoices presented within
24 months of the last billing date of the card on file. By Agreeing
below I am certifying that I am representing this company in this
transaction, have permission and/or legal rights to charge these services
to the credit card I am providing or legally bind the Company I represent,
and agree to the terms of this contract in the company name.
BY CHECKING "AGREE" IN THE SPACE ON THIS PAGE, THE USER CERTIFIES THAT HE/SHE HAS READ THE FOREGOING AGREEMENT IN ITS ENTIRETY AND AGREES WITH ALL PROVISIONS HEREIN. BY CLICKING BELOW YOU ARE PLACING YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT VALID FROM THIS DATE UNTIL THE ACCOUNT IS CANCELLED IN WRITING.
© 2011 All Rights Reserved.